THIS IS AN ADVERTISEMENT

law Archives - DelCotto Law Group

Recoupment Defined

January 31, 2018
|
0 Comments
|

By: Dean Langdon

Recoupment allows one party (Party A) to a contract to keep payments that are due to the other party (Party B) when Party B owes money to Party A at the same time. There must be an over-payment by one party, and the competing […]

Read more

LLC’s, Creditors and Authority to File Bankruptcy

November 20, 2017
|
0 Comments
|

Limited liability companies (LLC’s) are the entity of choice these days for small, medium and even huge (think General Motors) businesses.  Laws governing the operation of LLC’s vary from state to state, but tend to offer owners greater flexibility and control than for other entities. LLC […]

Read more

Cure Periods for Assuming Executory Contracts and Leases

October 1, 2015
|
0 Comments
|

Cure Periods for Assuming Executory Contracts and Leases

Section 365(b)(1) of the Code sets forth the requirements which a debtor must satisfy to assume an unexpired lease or executory contract and it specifically provides that:
“If there has been a default on an… unexpired […]

Read more
Administrative Expense Claims, bankruptcy, sixth circuit, court

Sixth Circuit: Administrative Expense Claims Standard

July 28, 2015
|
0 Comments
|

By requesting payment of an administrative expense claim, the movant has the burden of proof and must demonstrate that the expenses were “reasonable, necessary and benefited the estate.” In re Cook & Sons Mining, Inc., 2005 U.S. Dist. LEXIS 21615 (E.D. Ky. Sept. 28, 2005). The […]

Read more