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Claims

Solvent Debtors in Chapter 11 Must Pay Make-Wholes, Third Circuit Says

The opinion by Circuit Judge Thomas Ambro reads Jevic as animating the solvent-debtor exception to the disallowance of unmatured interest.

3rd Circuit
Tuesday, September 17, 2024
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Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Health Care
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Tuesday, September 17, 2024
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Bankruptcy Litigation
Corporate Governance
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Fraud
Finance and Banking
International Insolvency
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A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says

The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.

8th Circuit
Iowa
Iowa Northern District

When Will I Get Paid? Unpaid Post-Petition Rent and Subchapter V

Subchapter V presents interesting challenges for landlords, including increased uncertainty regarding the timing of payments. Specifically, 11 U.S.C. § 1191(e) allows certain debtors to extend the payment of administrative claims over three to five years, rather than requiring payment of all administrative claims in full upon the effective date of a plan. [1] Currently, no precedent exists on whether a debtor can extend its payment of post-petition rent as an administrative expense under 11 U.S.C.

Monday, September 16, 2024
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Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
International Insolvency
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Monday, September 16, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
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, September 16, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Fraud
Business Reorganization
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Friday, September 13, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Health Care
Mass Torts
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Friday, September 13, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Professional Compensation/Fees
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
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