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To Enforce a Loan Agreement Entered into with a Non-Incorporated Entity a Party Must Prove that the Non-Incorporated Entity is a De Facto Corporation

Andrew Braverman

St. John's University School of Law

American Bankruptcy Institute Law Review Staff

A Sale of Assets “Free and Clear” Cleanses Assets of Successor Liability

Matthew Bopp

St. John's University School of Law

American Bankruptcy Institute Law Review Staff

Claims Agents, Retained by the Court, Have the Same Restraints as Clerks

Peter Berkanish

St. John's University School of Law

American Bankruptcy Institute Law Review Staff

The Automatic Stay does not Extend to Non-Debtor Entities

Isabella Benchetrit

St. John's University School of Law

American Bankruptcy Institute Law Review Staff

In In re Diocese of Rochester, the United States Bankruptcy Court for the Western District of New York held that the automatic stay, under section 362 of the Bankruptcy Code, does not extend to the non-debtor affiliated entities, including parishes, schools, and other Catholic institutions (“Catholic Corporations”).[1]