Bondholders Beware? First Circuit Ruling’s Potential Adverse Impact on Puerto Rico’s Long-Term Restructuring Prospects

Having practiced in Puerto Rico for nearly a decade, including being involved heavily in the ongoing Title III PROMESA proceedings, the recent ruling handed down by the First Circuit could prove to be the most impactful for the Island’s long term restructuring prospects and its access to the Bond markets. The controversial ruling, which pertains to…

Read More

The Bankruptcy Discharge Injunction – How Creditors Can Avoid Getting Caught with Their Hands in the Cookie Jar

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts.  Such actions may result in severe penalties, sanctions and damages. This article goes over…

Read More

Proceed With Caution! Understanding Ipso Facto Clauses In Bankruptcy

The phrase ipso facto is Latin for “by the fact itself.” Ipso facto clauses are sometimes included in lease and purchase contracts, and they assert that if the lessee or purchaser becomes insolvent, or files for bankruptcy protection, then the contract has been breached. In other words, under such a clause the very act of filing for bankruptcy protection constitutes…

Read More

Barbara Barron Passes Away

We are sad to announce the passing of our firm’s founder, Barbara M. Barron. Although her health declined in recent years she continued to practice actively until the end. Barbara was a graduate of Barnard College, Columbia University, and the university of Texas School of Law. Prior to founding Barbara M. Barron & Associates (which…

Read More

Decoding The Petroleum Marketing Practices Act (PMPA) As It Pertains To Bankruptcy

A gasoline retailer defaults on its obligations under an ongoing Franchise Agreement that it has with a brand name in the oil & gas industry. What steps are available to the franchisor to protect its economic interests in that particular station or station(s)? How about if the franchisee/retailer files for bankruptcy protection? As the Energy Capital of the World,…

Read More

Sixth Circuit Decision Highlights the Risk of Initiating Collection Remedies During the FDCPA’s Validation Period

Section 1692g(a) of the FDCPA mandates the sending of a “validation” notice within five days of a debt collector’s initial communication with a consumer. Section 1692g(b) provides that if the consumer provides timely, written invocation of his or her rights, the debt collector must cease all of its collection efforts until it has complied with…

Read More

Brit Suttell Elected to Board of NCBA

Barron & Newburger is proud to announce that Brit Suttell has been elected to the Board of Directors of the National Creditors Bar Association.  Ms. Suttell works in the Pennsylvania office of Barron & Newburger, P.C. where she is a member of the firm’s Consumer Financial Services Law Practice Group.  Ms. Suttell is experienced in…

Read More