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Claims

Defamation and IIED Claims Are Not ‘Personal Injury Torts’

Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.

10th Circuit
New Mexico
Wednesday, March 23, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Retail
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Involuntary Bankruptcy Might Not Be the Right Tool for Aggrieved Creditors

May 2022

Bankruptcy Code
305
707
Topic Tags
Claims
Bankruptcy Litigation
Practice and Procedure

No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says

Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.

5th Circuit

To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed

A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.

3rd Circuit
Delaware
Monday, March 14, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases

At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.

2nd Circuit
New York
New York Southern District
Friday, March 11, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Health Care
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, March 10, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Health Care
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Proposed Revisions to Resolve Safe Harbor Conflict as to Master Netting Agreements

Oct 2022

Bankruptcy Code
553
561
362
Topic Tags
BAPCPA at 10
Claims
Bankruptcy Litigation
Business Reorganization
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