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Claims

No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says

The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

9th Circuit
Wednesday, December 1, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Health Care
Mass Torts
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BAP Rules that Tolling in Section 108(c) Does Not Apply to Notices Under Section 546(b)

In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.

9th Circuit
Monday, November 29, 2021
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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Wednesday, November 24, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Business Reorganization
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Judge Isicoff Explains Why a Foreclosure Sale Can’t Be a Preference

The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.

11th Circuit
Florida
Florida Southern District
Tuesday, November 23, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Venue/Jurisdiction
Business Reorganization
Health Care
Mass Torts
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Tuesday, November 23, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Insurance
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
Monday, November 22, 2021
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
Friday, November 19, 2021
Article Tags
Asset Sales
Claims
Corporate Governance
Court Administration
Creditors' Committee
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
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