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Kirk Burkley of Bernstein-Burkley, P.C. Elected President of ABC

By: LEAN Staff

FOR IMMEDIATE RELEASE Kirk Burkley of Bernstein-Burkley, P.C. Elected President of ABC PITTSBURGH – This past December, Kirk Burkley, Managing Partner at Bernstein-Burkley, P.C., headquartered in Pittsburgh, was elected President of the American Board of Certification, the nation’s premier legal specialty certification organization that certifies attorneys as specialists in business bankruptcy, consumer bankruptcy, and creditors’ rights law. His term will run through December 2020. […]

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JOSHUA HASKO ELECTED PRESIDENT OF LEAN MEMBER FIRM MESSERLI KRAMER

By: LEAN Staff

MINNEAPOLIS – October 1, 2019 – Messerli Kramer is pleased to announce that Joshua A. Hasko has been elected President of the firm, succeeding John Lang who previously served in the role. Hasko has been an active member of the firm’s board of directors and served as chair of the Business Litigation Department. Bill Hicks, […]

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Good News for Equipment Lessors – Priority for Idle Equipment!

By: Peter C. Califano, Esq.

  GOOD NEWS FOR EQUIPMENT LESSORS – PRIORITY FOR IDLE EQUIPMENT In March 2018, the United States District Court for the Western District of Louisiana[1] affirmed a Bankruptcy Court’s order allowing an administrative expense claim for leased equipment that sat idle and unused for the initial 60-day period after the debtor-lessee filed a Chapter 11 […]

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Dealing with Liquidated Damages In and Out of Bankruptcy

By: Robert S. Bernstein, Managing Partner, Bernstein-Burkley, P.C. [1]

  Dealing with Liquidated Damages In and Out of Bankruptcy When utilized in contracts and leases, a liquidated damages clause can serve as a tool to avoid unnecessary litigation. In situations where a party has breached the terms of a lease, the parties can include a liquidated damages clause in order to determine the amount […]

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Forebearance Agreement Drafting Tips

By: Jay L. Welford - LEAN Attorney at Jaffe, Raitt, Heuer & Weiss, P.C.

Before a lender/lessor engages in a negotiation with its borrower/lessee regarding a proposed or requested forbearance arrangement, it is recommended that the following topics be used as a checklist for the negotiation process and for inclusion in the forbearance agreement itself. Skilled counsel can customize these concepts to maximize the leverage of the lender/lessor and […]

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Bankruptcy Attorneys: Good for More Than Just Bankruptcy

By: Allison Carr, Associate - Bernstein-Burkley, PC

When people hear that an attorney specializes in bankruptcy, they often want to run in the opposite direction. Some people say that being a bankruptcy attorney sounds interesting, but they hope they will never need to employ one. “Bankruptcy,” however, encompasses so much more than just representing debtors who have filed for chapter 7, 11, […]

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Counterfeit Equipment Manufacturer’s Just Award – A Nondischargeability Judgment

By: Peter C. Califano, ESQ - Partner Cooper, White & Cooper, LLP

In Chunchai Yu v. Nautilus, Inc. (In re Chunchai Yu) No. 16-1045 (BAP 9th Cir. August 11, 2016) the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s determination that a $4 million default judgment in favor of Nautilus, Inc. was nondischargeable as a willful and malicious injury pursuant to 11 USC § 523 (a)(6) […]

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THREE BERNSTEIN-BURKLEY, P.C. PARTNERS RECOGNIZED BY BEST LAWYERS®

By: LEAN Staff

(PITTSBURGH) August 18, 2016 – Bernstein-Burkley, P.C. partners, Robert S. Bernstein, Kirk B. Burkley and Arch W. Riley, Jr. have been selected by their peers for inclusion in the 23rd Edition of The Best Lawyers in America©. Robert Bernstein, Co-Managing Partner, was recognized in the fields of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, […]

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LEAN Welcomes Wright Law Group, PLLC!

Please join us in extending a warm welcome to our newest LEAN member firm, Wright Law Group, PLLC. Matthew T. Wright is the main contact, providing LEAN coverage for Southern Texas from the firm’s Houston office. Financial institutions rely on Matthew to enforce debtors’ contract obligations through court proceedings and bankruptcy filings. A skilled litigator, […]

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LEAN Attorney Frank Peretore Joins Chiesa Shahinian & Giantomasi

LEAN is pleased to announce that Frank Peretore has joined Chiesa Shahinian & Giantomasi PC as a member continuing his concentration in the representation of secured creditors and lessors in the equipment leasing and asset based lending industries. Over the course of 30 years as an attorney, Peretore has developed a wide range of experience […]

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