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Claims

Benchnotes August 2017

Aug 2017

Bankruptcy Code
109
11 U.S.C. § 105
11 U.S.C. § 362
11 U.S.C. § 544
363
506
524
1328
541
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy
Business Reorganization
Health Care
International Insolvency
Real Estate
Unsecured Trade Creditors

Stoppage Notices Have Chilling Effect on Liens of Secured Creditors: O2Cool Opinion Revisits UCC Remedy

Aug 2017

Bankruptcy Code
503
546
Topic Tags
Claims
Practice and Procedure
Business Reorganization
Finance and Banking
Retail
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

True Lease or Disguised Financing: What’s the Difference, and Why Should You Care?

Aug 2017

Bankruptcy Code
11 U.S.C. § 363
11 U.S.C. § 365
11 U.S.C. § 506
11 U.S.C. § 544
Topic Tags
Claims
Executory Contracts/Leases
Friday, June 16, 2017
Article Tags
Claims
Business Reorganization
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Tuesday, June 13, 2017
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Consumer Debt
Finance and Banking
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Narrow Ipso Facto Clauses Can Be Unenforceable

Code provisions voiding ipso facto clauses are interpreted broadly.

6th Circuit
Michigan
Michigan Eastern District

Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes

Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.

1st Circuit
Puerto Rico
Friday, June 9, 2017
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Business Reorganization
Health Care
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

Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

District judge refuses to give automatic stay protection to a tax evader.

6th Circuit
Michigan
Michigan Eastern District

Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds

First Circuit narrowly interprets ‘arising in’ jurisdiction.

1st Circuit
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