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“Winning the Game” With a Comprehensive Credit Application

April 4, 2017 | Categories: Publications | Topics:Tags: , ,

The credit application is arguably the single most important factor in the control, collection and limitation of losses relating to the management of accounts receivable and collection of delinquent accounts.   Yet, both large and small business creditors constantly enter the game with only half a “play book”. Consequently, they lose more games (uncollected accounts) […]

Preference Defenses: Update on the BAPCPA Reforms 12 Years Later

April 4, 2017 | Categories: Publications | Topics:Tags: , , ,

When it was enacted, most publicity regarding the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) focused on consumer bankruptcy reforms. However, commercial creditors faced with the vexing problem of a preference action in bankruptcy also received some relief. The three most significant changes were touted at the time to offer the following […]

A Letter Of Credit and the Bankruptcy Paradox: Will It Protect You? – Maybe!

April 4, 2017 | Categories: Publications | Topics:Tags: ,

A letter of credit (“LC”) can be a valuable tool in a trade creditor’s arsenal to secure payment of an account and at the same time avoid a future bankruptcy preference claim. However, creditors should beware. They can on occasion find themselves in the middle of what we call the “payment from the debtor bankruptcy […]

Lawyer Beware: Don’t Get Trapped by the Wisconsin Fair Dealership Law

April 4, 2017 | Categories: Publications | Topics:Tags: ,

Introduction   With many creditors their first contact with the Wisconsin Fair Dealership Law (Chapter 135, Wisconsin Statutes) arises when they attempt to collect monies owed to it by a Wisconsin based business. The issue of compliance with the statute is often presented after written or telephonic contact is commenced by the debtor or the […]

Forum Selection Clauses and Their Effect in Commercial Collection Litigation

April 4, 2017 | Categories: Publications | Topics:Tags: ,

Consideration of Where to Sue When a delinquent account receivable cannot be collected amicably, legal action is indicated. The initial issue is in what location will suit be filed? The answer is easy if both the creditor and debtor are located in the same state. The general rule is that the legal action may be […]

Creditors’ Committees in Bankruptcy Cases

April 4, 2017 | Categories: Publications | Topics:Tags: ,

Consider the following scenario: The debtor filed a Chapter 11 reorganization case a couple of weeks ago and you just received an invitation from the Office of the United States Trustee to volunteer to be a member of the Official Committee of Unsecured Creditors of the debtor. Should you seek to join the committee? Is […]

Collecting Commercial Debt in the US Need Not Be Daunting

April 4, 2017 | Categories: Publications | Topics:Tags: ,

If a business creditor located outside the USA should research collection procedures against commercial debtors situated in the United States, it would likely conclude that it would involve significant problems and cost. It is true that there are difficulties in recovering US debts, yet American businesses have faced the same problems for decades and achieve […]


February 10, 2015 | Categories: Publications | Topics:

Overview On February 17, 2015, the Supreme Court of Wisconsin issued its opinion in Bank of New York Mellon v. Carson, 2015 WI 15. This opinion may prove to have significant implications for lenders and servicers in Wisconsin where a mortgaged property is abandoned prior to commencement of a foreclosure action or becomes abandoned any […]


December 20, 2011 | Categories: Publications | Topics:

The State Bar of Wisconsin recently published the revised WISCONSIN DISCOVERY LAW AND PRACTICE (PINNACLE, 4th ed., 2011—available in hard copy and by on-line subscription). This year the publication contains a significant new chapter, Electronic Discovery Law written by KMKSC attorneys Stephen D. R. Taylor and Robert L. Gegios (with Matthew Stippich of Digital Intelligence […]

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