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Claim Trading Industry: Pay Attention to Anti-Assignment Provisions!

USA - August 9 2018 In a June 20, 2018 opinion, Judge Carey of the United States Bankruptcy Court for the District of Delaware sustained an objection to a proof of claim…

Imposing a Constructive Trust in Bankruptcy Cases: Federal Common Law Triumphs!

USA - March 27 2018 When creditors are left holding the bag after providing valuable goods or services to a company that files for bankruptcy relief, they often feel…

Mass Layoffs When Section 363 Sales Fail and Cases Convert: Third Circuit Adopts Probability Standard for WARN Act Liability

USA - August 14 2017 On August 4, 2017, the Third Circuit Court of Appeals issued its ruling in Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 2017 U.S. App…

Sixth Circuit Weighs in on the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code

USA - February 27 2017 In Metropolitan Government of Nashville & Davidson County v. Hildebrand, the Sixth Circuit Court of Appeals explains how to read the phrase…

The Sixth Circuit Weighs in on the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code

USA - February 24 2017 In Metropolitan Government of Nashville & Davidson County v. Hildebrand, the Sixth Circuit explains how to read the phrase “applicable nonbankruptcy…