Remove 2016 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. §

Debtor 40
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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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Amended Proofs of Claim are not Always Allowed

ABI

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]

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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] 10] According to the bankruptcy court, to establish a nondischargeability claim under 11 U.S.C. § Shoemaker St.

Debtor 40
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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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Tenants in Bankruptcy: Landlord’s Ability to Draw on Letter of Credit May Turn on Notice Requirements in Lease

PBWT

As retail and other tenants fall further behind on rent and other obligations, lessors are finding themselves drawn into more and more Chapter 11 bankruptcy cases. Yet, while it may not always feel that way to them, landlords actually have it better than most creditors in bankruptcy.

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Bankruptcy Court Shuts the Door on Trustee's Settlement of TCPA Claim

Consumer Financial Services Law

By: Caren Enloe and Parker Dozier September 26, 2016 A bankruptcy court has dealt a blow to a TCPA defendant’s attempt to moot a class action lawsuit by entering into a settlement with the class representative’s bankruptcy trustee. 12-60237 (Bankr. In re Presswood , Case No. The trustee did not object.