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Claims

Thursday, February 1, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
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
Wednesday, January 31, 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

What Is a “Bona Fide Dispute”?

Two provisions of the Bankruptcy Code turn on the existence of a “bona fide dispute.” An involuntary petition may not be filed by an alleged creditor against the alleged debtor if the creditor’s claim is “the subject of a bona fide dispute as to liability or amount.”[1] A trustee may sell property free and clear of an interest that is “in bona fide dispute.”[2] These disparate statutory provisions share a unique phrase.

Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor

When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?

7th Circuit
Illinois
Illinois Northern District

Finality in Bankruptcy Appeals: Ritzen and Its Aftermath

In Ritzen Grp. Inc. v. Jackson Masonry LLC,[1] the U.S. Supreme Court definitively established that an order denying a motion for relief from the automatic stay under Bankruptcy Code § 362(d) is a final order that may be — and must be — immediately appealed. In the years following Ritzen, almost every circuit court has had an opportunity to ring in on finality issues. This article surveys notable circuit court opinions applying Ritzen in contexts ranging from discovery motions to claim objections.

Monday, January 29, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
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
Monday, January 29, 2024
Article Tags
Claims
Corporate Governance
Creditors' Committee
Business Reorganization
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
Monday, January 29, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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, January 25, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
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, January 25, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Real Estate
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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