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Appeals Court Rules That a Discharge Injunction Bars a Fraudulent Transfer Claim Based on a Non-Dischargeable Debt

USA - April 15 2021 A discharge of debt in bankruptcy “operates as an injunction against the commencement or continuation of an action, the employment of process, or an…

Jonah Wacholder.

The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

USA - April 7 2021 It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation. A…

Lance Kodish.

Consider Skipping the “Certified” Option When Serving Pleadings

USA - April 2 2021 When serving pleadings in an adversary proceeding, you may want to skip the certified option and go with regular first-class mail, or do both.…

Maxwell K. Weiss.

Debtor Alleges Thirteenth Amendment Violation; Court Says Debtor Has Standing to Assert the Claim; Decision on the Merits to Follow

USA - March 15 2021 It’s rare for a debtor in bankruptcy to raise allegations of involuntary servitude and a violation of the Thirteenth Amendment. But one debtor did…

Court Dismisses Bankruptcy Case to Enable Debtor to Seek a Paycheck Protection Loan

USA - March 8 2021 It is well known in the restructuring world that a debtor in bankruptcy can’t get a PPP loan. But what if you’re a debtor and decide a PPP loan could…