Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
%1
Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction
Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.
A Summary of Intellectual Property Infringement and Bankruptcy
The Bankruptcy Code, in its current form, anticipates the inclusion of intellectual property (IP) within the property of an estate. Not only is IP defined [1] in the Bankruptcy Code, it is also explicitly considered in terms of executory contracts. [2] While “executory contract” is not specifically defined in the Code, the U.S.
Session Description
This session will focus on key issues in a health care restructuring or bankruptcy from a creditor's point of view. It will address issues pertaining to both secured and unsecured creditors. Possible topics include: (1) understanding ways health care businesses are financed (receivables financing, municipal bond financing); (2) bankruptcy alternatives (receiverships, ABC, workouts); (3) DIP financing for health care businesses; (4) anticipating regulatory review; (5) issues concerning health care 363 sales; (6) issues facing committees in health care bankruptcy cases; and more.
Suggested Categories
Learning Outcomes
The session will help attorneys who represent creditors understand some of the main issues their clients face with respect to distressed health care businesses and strategies for protecting their interests as the debtor goes through a Chapter 11 case.
Target Audience
Creditor
Jeffrey
Fuller
jfuller@bloombergindustry.com
First Name
Jeffrey
Last Name
Fuller
Email
jfuller@bloombergindustry.com
Firm
Bloomberg Industry Group
Journal Issue
Bankruptcy Rule
Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
Finality in Bankruptcy Appeals: Ritzen and Its Aftermath
In Ritzen Grp. Inc. v. Jackson Masonry LLC,[1] the U.S. Supreme Court definitively established that an order denying a motion for relief from the automatic stay under Bankruptcy Code § 362(d) is a final order that may be — and must be — immediately appealed. In the years following Ritzen, almost every circuit court has had an opportunity to ring in on finality issues. This article surveys notable circuit court opinions applying Ritzen in contexts ranging from discovery motions to claim objections.
Debt Purchaser Socked $65,000 for a Discharge Violation
Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.