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Weathering the Storm: District Court Imposes Additional Duties on Creditors Seeking to Reclaim Goods Sold to a Debtor During the 45-Day Period Preceding the Bankruptcy Case

Vendors who sell goods to customers are probably familiar with the issues that arise when the customer later files bankruptcy. For instance, Section 546(c) of the Bankruptcy Code (and applicable state law) provides a vendor the right to reclaim goods it sold to the customer within 45 days of the bankruptcy petition date. >>

American Bar Association Annual Review of Litigation, Chapter 3: Appellate Practice

This chapter discusses, by topic, the Supreme Court’s business-related jurisprudence from the 2009-10 term, the key cases impacting the business community pending before the Court through the end of 2010, and existing circuit splits that may provoke Supreme Court resolution in short order. >>



Kelli M. Stephenson

Associate

Houston


1 Houston Center
1221 McKinney Street
Suite 2100
Houston, Texas 77010
T +1 713.547.2630
F +1 713.236.5621

Areas of Practice

Education

  • J.D., American University, Washington College of Law, 2009, magna cum laude
  • B.A., Political Science, Texas A&M University, 2006, summa cum laude

Bar Admissions

  • Texas, 2009

Kelli Stephenson is an associate in the Bankruptcy and Business Restructuring Practice Group in the Houston office of Haynes and Boone, LLP.

Recent Publications

  • "Annual Review of Litigation, Chapter 3: Appellate Practice," contributor, with Kendyl Hanks and Mark Trachtenberg, American Bar Association, Section of Business Law, April 2011.

Online Publications

04/11/2011 - Weathering the Storm: District Court Imposes Additional Duties on Creditors Seeking to Reclaim Goods Sold to a Debtor During the 45-Day Period Preceding the Bankruptcy Case
Vendors who sell goods to customers are probably familiar with the issues that arise when the customer later files bankruptcy. For instance, Section 546(c) of the Bankruptcy Code (and applicable state law) provides a vendor the right to reclaim goods it sold to the customer within 45 days of the bankruptcy petition date.

04/01/2009 - Asserting Contrary Policy Arguments in "Public Policy" Litigation
In the last decade or so, lawyers and others have tried to make public policy through litigation. With tort lawsuits about tobacco, guns, fast food, and carbon dioxide emissions, among other things, many are using the courtroom in an attempt to create rules that these self-appointed policymakers have determined are good and necessary.
 

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