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Warning: Artificial Consent to Third-Party Releases Will Not Result in Plan Confirmation

Bankruptcy Code

11 U.S.C. § 105

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Business Reorganization

“Fresh Start” Principles Defeat Mandatory Arbitration Clause

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Bankruptcy Litigation

Consumer Bankruptcy

Discharge/Dischargeability

Commercial Fraud

Finance and Banking

Blurring the Lines: The Advent and Ethics of Multidisciplinary Practice

Bankruptcy Code

Topics

Practice and Procedure

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Business Bankruptcy Legal Update

Bankruptcy Code

Topics

Business Reorganization

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Stern Revisited: In re Millennium Lab Holdings and Beyond

Bankruptcy Code

Topics

Bankruptcy Litigation

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May 2018 Benchnotes

Bankruptcy Code

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Consumer Bankruptcy

Business Reorganization

Unsecured Trade Creditors

Creative Use of Chapter 11 to Pursue Patent Claims in FastShip (and a “Chapter Two”)

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Practice and Procedure

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

Court :

BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms

Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.

Court :

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