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The NAACP Wants In On the Purdue Pharma Bankruptcy. Will the Court Allow It?

PBWT

On Friday August 7th, the NAACP filed a motion to intervene in the chapter 11 bankruptcy cases of Purdue Pharma L.P. and its affiliated debtors (collectively, “ Debtors ”). [1] ” [10] The NAACP frequently uses intervention under Rule 24 as a legal tool to advocate for the advancement of communities of color.

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Only a Party to an Assumed Executory Contract can Assert a Cure Claim

ABI

The United States Court of Appeals for the Second Circuit held that only a party to an assumed contract can assert a cure claim against the debtor in In re George Wash. 4] Under the Ground Lease, Debtor was responsible for hiring and paying contractors for developing the retail portion of the George Washington Bridge Bus Station. [5]

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Affordable Care Act’s Shared Responsibility Payment is a Tax Entitled to Priority

ABI

1] In In re Szczyporski, the United States Court of Appeals for the Third Circuit held that the shared responsibility payment is a tax entitled to priority under Title 11 of the United States Code (the “Bankruptcy Code”). [2] 3] The IRS filed a proof of claim against the Debtors for unpaid taxes and interest, including a $927.00

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Exclusive or Concurrent Jurisdiction to Reject Power Purchase Agreements in Bankruptcy?

ABI

American Bankruptcy Institute Law Review, Staff Member. . In general, a debtor may reject an executory contract subject to court approval under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). John’s University School of Law. 1] In In re PG&E Corp. Energy Regulatory Comm’n, Adv. (

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The Increasing Acceptance of Derivative Standing

ABI

American Bankruptcy Institute Law Review Staff. . In In re Roman Catholic Church of Archdiocese of Santa Fe , the United States Bankruptcy Court for the District of New Mexico, held, in a matter of first impression, that bankruptcy courts have authority to confer derivative standing on creditors or committees to assert claims. [1]

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Section 363(m) is not a Jurisdictional Constraint on Appellate Review of Property Transfers

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that bankruptcy courts may authorize the trustee of a debtor to sell or lease property of the bankruptcy estate. [1] Agustin Bujanda St.

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Bankruptcy Court May Refrain from Enforcing a Valid Arbitration Clause

ABI

Bankruptcy Court May Refrain from Enforcing a Valid Arbitration Clause. . American Bankruptcy Institute Law Review Staff. . Generally, a court will enforce an arbitration clause in a contract, but may refrain from doing so under certain circumstances. [1] By: Laila Rizk. John’s University School of Law.