Bruce S. Nathan joins speakers to discuss A View From The Bench And Bar: 
A Discussion Of Current Hot Bankruptcy Issues Facing Trade Creditors. 

Twelve years have elapsed since the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) which introduced extensive changes to the Bankruptcy Code. Since then, practitioners have tackled a myriad of issues where debtors and creditors have sought to obtain rulings in their respective favors.

The speakers will first discuss the risk of doing business with a debtor in chapter 11 that has not obtained bankruptcy court approval of financing or use of the cash proceeds of a secured lender’s collateral as a result of the 11th Circuit Court of Appeals decision in the Delco Oil case. There will also be a discussion of the significant rulings on goods sellers’ reclamation rights, priority claims for the value of the goods a debtor had received within 20 days of bankruptcy, and defenses to preference claims. The issues arising with respect to involuntary bankruptcy petitions and the pro’s and con’s of joining in an involuntary petition will also be discussed.

The speakers will then discuss the Midland Funding vs Johnson case, where the United States Supreme Court will be deciding whether a debt collector violates the Fair Debt Collection Practices Act by filing a proof of claim for an unenforceable claim based on the passage of the statute of limitations. Next, the speakers will tackle the recent litigation over consignment claims in the Sports Authority chapter 11 case. The speakers will also discuss the impact of the local Bankruptcy Court rules on trade creditor rights, such as the ability to be approved as a critical vendor, as well as other hot issues of interest to trade creditors. This session promises to be lively, and participation from the audience will be encouraged.


  • Bruce S. NathanPartner, Lowenstein Sandler LLP
  • Hon. Catherine Peek McEwen, United States Bankruptcy Judge, Middle District of Florida-Tampa Divison
  • Wanda Borges, Principle Member, Borges & Associates LLC.