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ABI Journal

101

Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management

The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

All Things Ethics

Bankruptcy Code
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Real Estate in Bankruptcy

Bankruptcy Code
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A Former Officer Was Not ‘Disinterested’ but Could Be Retained as a Professional Person

Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.

Chapter 11 Plan May Impair a Mortgage When the Debtor Is Not Liable on the Debt

A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.