The Uncertain Power of Bankruptcy Courts to Approve Non-Consensual Third-Party Releases
Katharine Manganello
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff
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Automatic Stay is not Extended to Enjoin Arbitration Between Non-Debtors, Even Where Debtor’s Actions are the Subject of the Arbitration
Jonathan Schloth
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff
Amended Proofs of Claim are not Always Allowed
Lianna Meehan
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff
Avoidance Actions are Property of the Estate that a Trustee may Sell
Enrica Brook
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff
In Pitman Farms v. ARKK Food Co., LLC, the United States Court of Appeals for the Eighth Circuit held that avoidance actions, under chapter 5 of title 11 of the United States Code (the “Bankruptcy Code”), are property of the estate under Section 541(a) that a trustee may sell “free and clear.”[1]
Foreclosure Sale Violates Automatic Stay when a Debtor is a Named Party in the Foreclosure
Andrew Vavricka
St. John's University School of Law
American Bankruptcy Institute Law Review Staff
Strict Compliance with Screening Procedures will Prevent an Attorney’s Conflict from Imputing to the Entire Firm
Salvatore A. Salerno
St. John's University School of Law
American Bankruptcy Institute Law Review Staff
Equitable Subordination Claims will not Succeed Without Sufficient Proof of Inequitable Conduct as Against the Entire Entity
Caitlyn R. Marino
St. John's University School of Law
American Bankruptcy Institute Law Review Staff
A Creditor Must Show Causation when Asserting an Alter Ego Claim Against a Parent or Grandparent Corporation
Patrick T. Kennedy
St. John's University School of Law
American Bankruptcy Institute Law Review Staff
The Bankruptcy Code’s Automatic Stay Provision Does not Necessarily Extend to Non-Debtors
Annmarie Gruick
St. John's University School of Law
American Bankrupcty Institute Law Review Staff
Bankruptcy Plans Cannot be Used to Circumvent the Fifth Amendment’s Takings Clause
Gillian Deery
St. John's University School of Law
American Bankruptcy Institute Law Review Staff