Business Law News Table of Contents
Publication year | 2014 |
Executive Committee: Message from the Chair.......................................................................4
BLN Editorial Board: Message from the Editor............................................................................6
Test Your Knowledge: Recent Developments in Insolvency Law........................................7
By Tom Phinney and Paul Pascuzzi
This article tests your knowledge of ten significant recent cases covering a range of business and consumer issues in the area of bankruptcy and insolvency law. You are given a summary of the facts and issues, and then you can test your knowledge by selecting from multiple choice answers, or skip right to the commentary that explains the holding. Good luck!
The Interest Tail Wags the Profit Dog...................................................................................19
By David Cook
Interest is the low hanging fruit in any contract. Like they say in the movies, interest, for lack of a better word, is good. Interest compels parties to pay on time. Interest increases the pain quotient of a default. Interest compensates the impatient while waiting for payment. Interest is part of the price. Interest is the razorblade for the razor. Interest is a moneymaker. Interest, low interest, or high interest is a deal point, sales point, or sharp stick in the eye. Interest is an expectation. Interest is the baby in the bassinet at the door of the defaulting party. Why leave money on the table? Nail an interest clause to every term that requires payment of money.
Ponzi Schemes and Poker—Is Recovering Gambling Losses a Winning Hand?............25
By Cory R. Weber and Steve Gubner
Claims to recover gambling losses as fraudulent transfers present unique issues, including whether the opportunity to win money at poker games constitutes "value" to a debtor, and whether poker players participating in games outside of casinos take winnings in good faith. Steve Gubner and Corey Weber litigated claims to avoid and recover gambling losses in a high-profile bankruptcy case involving a Ponzi scheme. This article explores the key issues leading to a winning hand.
Executive Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency,...
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