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Defining “Individual” in § 362(k): A Creditor’s Standing to Seek Damages and Fees for a Willful Violation of the Automatic Stay

Sept 2018
11 U.S.C. § 105, 11 U.S.C. § 362
Automatic Stay, Bankruptcy Litigation

A Fresh Start with Flexibility: Consumers Can Modify the Treatment of a Secured Claim in a Confirmed Plan to Surrender Collateral Under § 1329

Aug 2018
1329
Consumer Bankruptcy, Consumer Debt

Does the Second Circuit in Sabine Have the Final Word on Texas Law?

Aug 2018
11 U.S.C. § 365
Bankruptcy Litigation, Executory Contracts/Leases

Controlling a Borrower’s Decision to Seek Bankruptcy Relief

Aug 2018
none
Corporate Governance

Benchnotes August 2018

Aug 2018
109, 365, 502, 1129, 1307, 1126, 362, 544
Administrative Expense Claims, Asset Sales, Automatic Stay, Claims, Bankruptcy Litigation, Executory Contracts/Leases, Fraudulent Transfers, Plan Confirmation, Practice and Procedure, Consumer Bankruptcy, Business Reorganization, Real Estate, Unsecured Trade Creditors

Stopped Payments as Avoidable Unauthorized Post-Petition Transfers

Aug 2018
549, 550
Claims, Bankruptcy Litigation, Practice and Procedure, Business Reorganization, Labor/Employment

The Code Does Not Permit a Debtor to Modify an Allowed Secured Claim

Aug 2018
502, 1325, 1327, 1329
Claims, Plan Confirmation, Practice and Procedure, Valuation, Consumer Bankruptcy, Consumer Debt

COMIs Under Chapter 15 and EIR Recast: Brothers, but Not Twins

Aug 2018
CHAPTER 15 - Ancillary and Other Cross-Border Cases
Bankruptcy Litigation, Practice and Procedure, Venue/Jurisdiction, International Insolvency

A Rose by Any Other Name: Eleventh Circuit Construes a Motion Objecting to the Dischargeability of a Debt as a “Complaint”

Aug 2018
523, 4007, 7001, 7007, 7008, 7015
Bankruptcy Litigation, Practice and Procedure, Discharge/Dischargeability

Substantiated Again: Continuing Benefits of Board Certification

Aug 2018
none
Certification