2016 10 
ABI
JANUARY 25, 2024
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. §
Burr Forman
AUGUST 24, 2020
Cheese’s parent), many prominent companies have filed for bankruptcy protection in recent months. Most practitioners with no real exposure to bankruptcy law may be aware of the general ramifications of bankruptcy proceedings. In re Edgeworth , 993 F.2d 2d 51,56 (5th Cir.
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ABI
JANUARY 24, 2024
John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Maxus Energy Corporation , the United States Bankruptcy Court for the District of Delaware held that PSE&G could not file an amended proof of claim years after the bar date had passed on its timely-filed proof of claim. [1]
ABI
JANUARY 13, 2021
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]
PBWT
AUGUST 29, 2022
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.
ABI
JANUARY 22, 2023
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] 10] According to the bankruptcy court, to establish a nondischargeability claim under 11 U.S.C. § Shoemaker St.
PBWT
JULY 8, 2020
These claims are entitled to priority for actual and necessary goods and services supplied to a debtor in bankruptcy. For a claim to qualify for administrative expense status, a debtor must request that the claimant provide goods and services post-petition or induce the claimant to do so. § 503(b)(1)(A).
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