Bankruptcy Litigation

Corporate Governance

Business Reorganization

Retail

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Thursday, March 7, 2019

Article Tags

New York Southern District

Practice and Procedure

Consumer Bankruptcy

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Defectively Executed Mortgages Are [Still] Avoidable in Ohio

Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.

Court :

6th Circuit

A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay

A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.

Court :

6th Circuit

Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot

Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.

Court :

7th Circuit

Chapter 15 Recognition Not Required to Enforce a Foreign Reorganization in the U.S.

Non-debtor, third-party release enforced along with granting international comity.

Court :

2nd Circuit

New York

Friday, March 1, 2019

Article Tags

Corporate Governance

Business Reorganization

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Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

Court :

6th Circuit

Third Circuit Strips Debt Buyers of Defenses Under the FDCPA

Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.

Court :

3rd Circuit

Wednesday, February 27, 2019

Article Tags

Corporate Governance