Automatic Stay | ABI

Hope for Redemption: The Treatment of Pre-Petition Tax Sales in Bankruptcy

Bankruptcy Code

Topic Tags

Plan Confirmation

Business Reorganization

Chapter 12/Farm Cases

Chicago Wins One Round in Battle over Parking Tickets

The battle continues in Chicago over using chapter 13 to beat parking tickets.

Court :

Illinois Northern District

The Earnout Provision: A Tool for Mitigation, or a Path to Litigation?

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Creditors' Committee

Financial Advisors

Plan Confirmation

Business Reorganization

Finance and Banking

Investment Banking

Federal and State Oversight of SNFs: What Happens at the Point of Enforcement?

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Executory Contracts/Leases

Govt. Claims/Sovereign Immunity

May 2018 Benchnotes

Bankruptcy Code

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Consumer Bankruptcy

Business Reorganization

Unsecured Trade Creditors

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

Court :

New York Northern District

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

Court :

New York Southern District

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 :

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?

Yet another example of how hard cases make bad law.

Court :

New York Eastern District

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