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Substantive Consolidation of Non-Debtors-Standing and Notice Issues
  • Dechert LLP
  • USA
  • May 30 2017

U.S. courts generally agree that the substantive consolidation should be applied sparingly, and even more so when substantive consolidation of debtors

Involuntary Bankruptcy Primer Part I: Understanding the Oft Ignored Involuntary Bankruptcy Petition (with Bankruptcy Cave Embedded Briefs for Your Use!)
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • August 30 2016

This is a new one for us at The Bankruptcy Cave. We are starting a series of primers, covering a narrow range of law but with more depth than just

Eleventh Circuit Court of Appeals Clarifies Standing Requirements for FDCPA Plaintiffs
  • Bradley Arant Boult Cummings LLP
  • USA
  • August 10 2016

The Eleventh Circuit Court of Appeals has clarified the type of injury that must be alleged by a plaintiff suing under the Fair Debt Collection

Ohio Supreme Court Holds Foreclosure Standing Requires Rights to Note and Mortgage, Including Post-Bankruptcy Discharge
  • Maurice Wutscher LLP
  • USA
  • July 18 2016

The Supreme Court of Ohio recently held that, when debt on promissory note secured by mortgage has been discharged in bankruptcy, the holder of the

Shareholders can pursue derivative suits against insolvent corporations in Illinois
  • Greensfelder, Hemker & Gale, P.C.
  • USA
  • July 7 2016

Illinois courts have long recognized that an insolvent corporation’s creditors have standing to bring a derivative action on behalf of the

UCC Standing Blocked in Recent Sabine Decision
  • Morrison & Foerster LLP
  • USA
  • April 27 2016

What showing must creditors make to be granted the right to prosecute claims on behalf of the bankruptcy estate? Under the widely recognized standard

Post-Westwood Eleventh Circuit Bankruptcy Appellate Standing Cases
  • Berger Singerman LLP
  • USA
  • February 19 2016

Before a losing party forges ahead with an appeal of an order or judgment from a bankruptcy court located in the Eleventh Circuit (or any other

Bankruptcy Court Rules Parties Lack Standing, Reminds Litigants of the Parameters of 1109(b)
  • Weil Gotshal & Manges LLP
  • USA
  • January 22 2016

Generally when parties to a dispute work out a settlement they can breathe a sigh of relief and put their differences behind them. OK - it's a little

Known or unknown? Third Circuit questions standing in New Century appeal
  • Weil Gotshal & Manges LLP
  • USA
  • August 18 2015

In the latest chapter of the New Century bankruptcy cases, the Court of Appeals for the Third Circuit vacated a district court's decision on the

In brief: Delaware Chancery Court rules that creditor does not forfeit standing to bring derivative suit if corporation becomes solvent
  • Jones Day
  • USA
  • July 31 2015

In a matter of first impression, the Delaware Court of Chancery held inQuadrant Structured Products Co. Ltd. v. Vertin, No. 6990-VCL, 2015 BL 128889