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Asset Sales

Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing

A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’

10th Circuit

Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals

Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.

10th Circuit
Wednesday, January 9, 2019
Article Tags
Asset Sales
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Retail
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A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7

New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.

2nd Circuit
New York
New York Eastern District
Tuesday, January 8, 2019
Article Tags
Asset Sales
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7

The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.

6th Circuit
Monday, January 7, 2019
Article Tags
Asset Sales
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Retail
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Monday, January 7, 2019
Article Tags
Asset Sales
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Hospitality, Entertainment Venues and Gaming
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Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

11th Circuit
Thursday, January 3, 2019
Article Tags
Asset Sales
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Retail
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
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