ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession may avoid or recover certain payments made by the debtor before the bankruptcy filing as a “preference.” [1] John’s University School of Law. McKesson Corp. ,

Bankruptcy 40

Bankruptcy Debtor Creditors Collections 40

In the Red

JANUARY 22, 2018

When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. It all started in November 2015. The Bankruptcy Court followed the Fourth Circuit’s 1985 decision in Lubrizol Enterprises, Inc. The Bankruptcy Court’s Decision.

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Bankruptcy Debtor Manufacturing Trade 100

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. Joe Pizzingrillo. John’s University School of Law. at *10–11. [ix] at *12­–13.

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Student loans Student Loans Loans Bankruptcy 40

PBWT

MAY 14, 2021

In recognition of the 15th anniversary of the passage of chapter 15 of the Bankruptcy Code, the New York City Bar Association’s Bankruptcy & Corporate Reorganization Committee hosted a webinar on May 12, 2021 to discuss the current state of chapter 15 cases and potential, corresponding and significant future developments. [1]

Debtor 65

Debtor Bankruptcy Creditors Trade 65

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1]

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Bankruptcy Debtor Judgment Creditors 40

PBWT

AUGUST 29, 2021

1] In VeroBlue , the bankruptcy court entered an order confirming a plan that awarded control of the reorganized debtor to the majority equity holder, Alder Aqua, Ltd. Of the $12 million paid under the Plan to creditors [. at 11-12 (emphasis in original; internal citations and quotations omitted). [5] 2015) (Krause, J.,

Debtor 65

Debtor Unsecured Creditor Creditors Secured Creditor 65

ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff Member. . 2] The Second Circuit found that the Appellant’s wrongful death lawsuit should be stayed because the Debtor’s unintentional citation to language from an outdated agreement constituted a mistake rather than a judicial admission. [3] 12] See id. By: Lianna Murphy.

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 40

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . In In re Shoot the Moon, LLC , the United States Bankruptcy Court for the District of Montana held that a transaction between a restaurant business and a lender was a loan with a security interest in receivables as opposed to a sale with an ownership interest in receivables. [i]

Loans 40

Loans Bankruptcy Creditors Debtor 40

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 6015(f) of the Internal Revenue Code allows the Secretary of the Treasury to relieve an “innocent spouse” of liability for any unpaid tax or deficiency if it is inequitable to hold him or her liable for the malfeasance of his or her significant other. [1]

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Debtor Bankruptcy 40