Displaying Journal Articles for Author Scott Cargill

Is Electricity a “Good” Eligible for § 503(b)(9) Priority Status?

Journal Issue:

Nov 2023

Bankruptcy Code: 503 Bankruptcy Rule:

Topic Tags:

Administrative Expense Claims, Claims, Business Reorganization, Uniform Commercial Code/Article 9

Circuit Ruling Expands Subsequent New-Value Preference Defense

Journal Issue:

Dec 2022

Bankruptcy Code: 503, 547 Bankruptcy Rule:

Topic Tags:

Administrative Expense Claims, Claims, Bankruptcy Litigation, Preferences, Business Reorganization, First-day Motions, Unsecured Trade Creditors

Is the Applicability of the Small Dollar Venue Limitation to Preference Actions Dying on the SBRA Vine?

Journal Issue:

Oct 2021

Bankruptcy Code: none Bankruptcy Rule:

Topic Tags:

Bankruptcy Litigation, Fraudulent Transfers, Preferences, Unsecured Trade Creditors

Critical-Vendor Status: An Additional Preference Defense?

Journal Issue:

Oct 2020

Bankruptcy Code: 105, 547 Bankruptcy Rule:

Topic Tags:

Administrative Expense Claims, Claims, Bankruptcy Litigation, Preferences, First-day Motions, Unsecured Trade Creditors

Rethinking Reclamation as a Trade Creditor Remedy

Journal Issue:

Oct 2018

Bankruptcy Code: 11 U.S.C. §§ 101-1532 Bankruptcy Rule:

Topic Tags:

Asset Sales, Claims, Bankruptcy Litigation

Third Circuit Applies Plain Meaning to Receipt Under § 503(b)(9)

Journal Issue:

Dec 2017

Bankruptcy Code: 503, 546 Bankruptcy Rule:

Topic Tags:

Administrative Expense Claims, Claims, Bankruptcy Litigation, Business Reorganization, Retail, Unsecured Trade Creditors

Purchasing Claims Free and Clear of a Debtor’s Defenses: The Conflicting Views of the Third and Ninth Circuits

Journal Issue:

Oct 2016

Bankruptcy Code: 502, 1129 Bankruptcy Rule:

Topic Tags:

Claims, Plan Confirmation, Preferences, Business Reorganization

Debtor Setoff Rights Can Endanger Recoveries on § 503(b)(9) Claims

Journal Issue:

Oct 2015

Bankruptcy Code: 11 U.S.C. § 506, 503, 553, 558 Bankruptcy Rule: none

Topic Tags:

Administrative Expense Claims, Claims, Bankruptcy Litigation, Practice and Procedure, Business Reorganization, Unsecured Trade Creditors

Limits on Foreign Goods Sellers 503(b)(9) Priority Rights

Journal Issue:

Oct 2014

Bankruptcy Code: 503, 546 Bankruptcy Rule: none, 2014

Topic Tags:

Administrative Expense Claims, Creditors' Committee, International Insolvency, Retail, Uniform Commercial Code/Article 9, Unsecured Trade Creditors

Failing to Adequately Assert Setoff Rights Could Jeopardize Recovery

Journal Issue:

Oct 2013

Bankruptcy Code: 506, 542, 553, 1141 Bankruptcy Rule: none, 2013

Topic Tags:

Automatic Stay, Plan Confirmation, Practice and Procedure, Unsecured Trade Creditors