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ABI Journal

524

Bestwall Dissenting Opinion Reads Like Dismissal of LTL Mgmt for a Bad Faith Filing

The Bestwall dissenter understands the Bankruptcy Clause as having the 18th century definition of ‘bankruptcy,’ thus requiring insolvency or inability to pay debts.

A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

Automatic Stay Violation Issues

Bankruptcy Code

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Does the Supreme Court’s Trump v. Casa Say Anything About Bankruptcy Injunctions?

Generally speaking, Casa doesn’t impair bankruptcy injunctions but may inform courts on what is required to obtain consensual, nondebtor releases after Purdue.