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Results: 1-10 of 9,069

Equitable Mootness - - Are Bankruptcy Courts Still to be “Courts of Equity?”
  • Squire Patton Boggs
  • USA
  • December 5 2016

The concept of “equitable mootness” is a doctrine of relatively long-standing in bankruptcy jurisprudence. It has been used by courts to avoid


Nelson v. Taylor (In re Taylor)
  • Stoll Keenon Ogden PLLC
  • USA
  • December 5 2016

Bankr. E.D. Ky. Nov. 28, 2016) The bankruptcy court enters summary judgment in favor of the plaintiffs in this 11 U.S.C. 523(a)(6


Security Seed and Chemical, Inc. v. French (In re French)
  • Stoll Keenon Ogden PLLC
  • USA
  • December 5 2016

Following trial, the bankruptcy court excepts from discharge a debt arising from a loan, but holds the plaintiff failed


Lenders Are Entitled to Default Interest in Chapter 11: Ninth Circuit
  • Quarles & Brady LLP
  • USA
  • December 2 2016

Overturning prior pro-debtor precedent, a federal appeals court recently emphasized that secured lenders are entitled to the benefit of their


Something Smells Fishy and it Isn’t the Fish: Chapter 11 Trustee Appointed by Southern District of New York Bankruptcy Court in Case Involving Anchovy Fisheries
  • Weil Gotshal & Manges LLP
  • USA
  • December 2 2016

Section 1104(a)(2) of the Bankruptcy Code provides for the appointment of a chapter 11 trustee “if such appointment is in the interests of the


Court Adopts Majority View in Sanctioning Bankruptcy Trustee’s Use of Tax Code Look-Back Period in Avoidance Actions
  • Jones Day
  • USA
  • December 2 2016

The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to avoid fraudulent or preferential transfers is an important tool


In Brief: Delaware Bankruptcy Court Clarifies Burden of Proof for Automatic Stay Relief
  • Jones Day
  • USA
  • December 2 2016

In In re Abeinsa Holding, Inc., 2016 BL 335099 (Bankr. D. Del. Oct. 6, 2016), the U.S. Bankruptcy Court for the District of Delaware addressed what


In Brief: District Court Denies Lyondell Shareholders' Motion to Reconsider Actual Fraud Imputation Ruling or to Certify Direct Appeal
  • Jones Day
  • USA
  • December 2 2016

In Weisfelner v. Hofmann (In re Lyondell Chem. Co.), 2016 BL 241310 (S.D.N.Y. July 27, 2016), the U.S. District Court for the Southern District of


Split Ninth Circuit Requires Default Interest to Cure Default
  • Schulte Roth & Zabel LLP
  • USA
  • December 2 2016

A Chapter 11 debtor “cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure,” held a


Creditors Committees’ Members May Not Be Sued Absent Bankruptcy Court’s Permission
  • Dechert LLP
  • USA
  • December 2 2016

The Barton doctrine (named after the U.S. Supreme Court case Barton v. Barbour, 104 US 126 (1881)), generally prohibits suits against receivers and