Claims

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Know When to Hold ’Em, Know When to Fold ’Em: The Differences Between a Loan and Merchant Cash Advance

Bankruptcy Code

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Preferences

First-day Motions

Friday, October 21, 2022

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Finance and Banking

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Friday, October 21, 2022

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Finance and Banking

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Friday, October 21, 2022

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Practice and Procedure

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Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

Court :

2nd Circuit

Off to the Races: Procedural and Substantive Implications of § 557 and Grain Storage Facilities

Bankruptcy Code

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Michigan Eastern District

Practice and Procedure

Agriculture/PACA

Possibly Dicta, the Fifth Circuit Disallows Make-Wholes

Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.

Court :

5th Circuit

It’s Virtually Impossible to Waive Discharge as an Affirmative Defense, Judge Tucker Says

Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.

Court :

6th Circuit

Michigan

Tuesday, October 18, 2022

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