Remove 2014 12
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Debtor may not Sell its Intellectual Property Free and Clear of Creditor’s Interests

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363 of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor to sell its bankruptcy assets free and clear of liens and interests only if certain circumstances are met. [1] Jae Hwang St. 22] [1] See 11 U.S.C. §

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Second Circuit Declines Class Certification to Debtors Seeking to Hold Creditor in Contempt of Discharge Injunction

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff A bankruptcy discharge order absolves debtors of their pre-bankruptcy debts and seeks to provide debtors with a fresh start to their financial life. 2] Prior to her bankruptcy case, Bruce stopped paying her Citi credit card bill.

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Post-Petition Liabilities Arising from a Pre-Petition Guarantee are not Automatically Discharged

ABI

John's University School of Law American Bankruptcy Institute Law Review Staff Section 727(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that a Chapter 7 debtor’s bankruptcy discharge eliminates the debtor’s liability for “all debts that arose before the date of the order of relief.” [1]

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Court Refused to Discharge Student Loans Until Debtor Reaches 70 Years Old

ABI

American Bankruptcy Institution Law Review Staff. . In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] 4] Ultimately, the debtor accumulated $653,843.22 4] Ultimately, the debtor accumulated $653,843.22

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Court Says Creditor Can Sue a Liquidating Trustee without Prior Permission

PBWT

A bankruptcy court ruled that a creditor didn’t need to seek derivative standing to sue a liquidating trustee. The creditor, himself a trustee of the debtor’s employee stock-option plan, had standing to sue without prior court permission because his suit wasn’t brought on behalf of the bankruptcy estate.

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A Court May Dismiss a Bankruptcy Case Filed in Bad Faith

ABI

American Bankruptcy Institute Law Review Staff. . In In re The Sunshine Group, LLC. , the United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the dismissal of a bankruptcy case because it was filed in bad faith. [1] 10] A bad faith filing of a bankruptcy petition is cause for dismissal. [11]

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Debts Based on Fraudulent Misrepresentations of Fact may not be Discharged

ABI

John's University School of Law American Bankruptcy Institute Law Review Staff Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may be discharged of his or her debts. [1] 5] On July 23, 2014, Jonathan Mover (“Mover”) initially loaned $150,000 to Jaurigui and Swing House. [6] Shoemaker St.

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