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Bankruptcy Litigation

Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors

Creditor can sue when a chapter 13 trustee won’t or can’t.

3rd Circuit
Pennsylvania
Pennsylvania Eastern District

Arbitration Agreement Cannot Include Waiver of Dischargeability

On dischargeability, post-filing waivers work, but pre-filing ones don’t.

7th Circuit
Wisconsin
Wisconsin Western District
Thursday, March 3, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Labor/Employment
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Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure

Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.

11th Circuit
Florida
Florida Southern District
Wednesday, March 2, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Hospitality, Entertainment Venues and Gaming
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Wednesday, March 2, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
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Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent

Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.

7th Circuit
Illinois
Illinois Northern District

Supreme Court Argument Pits Notions of Equity Against Statutory Construction

Ghost of Justice Scalia haunts the high court in a statutory construction case.

Supreme Court
Tuesday, March 1, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

9th Circuit
Oregon
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