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Automatic Stay is not Extended to Enjoin Arbitration Between Non-Debtors, Even Where Debtor’s Actions are the Subject of the Arbitration

ABI

( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay. 10] Here, the court found, “at best [the General Contractor] has satisfied [only] one of the four elements.” [11]

Debtor 40
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Solvent Debtors Must pay the Contractual Post-Petition Interest Rate on Unimpaired Claims

ABI

the United States Court of Appeals for the Ninth Circuit held that solvent-debtors are required to pay unimpaired creditors their bargained for post-petition interest rate. [1] 7] Generally, under the Bankruptcy Code, once a debtor files for bankruptcy, an unsecured claim no longer accrues interest. [8] 25] [1] See Ad Hoc Comm.

Debtor 40
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Settlement Agreement Found not to be an Executory Contract Under Section 365(a)

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code") allows a bankruptcy trustee to assume and assign an executory contract of the debtor. [1] 10] Id. 15] Svenhard’s appealed. [16] 15] Svenhard’s appealed. [16]

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Balancing Confidentiality and Comity When Entering Discovery Related Protective Orders in Cross-Border Insolvency Proceedings

ABI

Historic & Trophy Buildings Fund FCP-SIF (the “Debtor”) entered into a liquidation proceeding in Luxembourg. [1] 10] They also contended that the Liquidator’s motion for discovery should be viewed as a conflict of laws issue. [11] 3] Responding to the Liquidator’s motion for discovery, certain U.S. 25, 2023). [2] 1521(a)(4)). [8]

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A “Critical Vendor” may be Subject to a Preference Claim

ABI

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] 1] During a debtor’s bankruptcy case, the debtor may want to continue obtaining goods or services from a creditor.

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Liability Insurance Proceeds and Coverage Considerations When Insureds File for Bankruptcy

Burr Forman

[i] At the same time, a broad automatic stay of collection activity or other proceedings against the debtor is implemented. [ii] ii] But where does this leave those with claims against the debtor for pre-petition acts or omissions that are covered under liability insurance policies? ISO Form CG 00 01 04 13 (2015). 2011); Baez v.

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Computing Time for a Filing Deadline: Should You Count a Day When a Clerk’s Office is Closed?

PBWT

The bankruptcy court ruled for the client-debtor, and the attorney appeal to the district court. The client-debtor sought to dismiss the appeal, arguing that the notice was filed beyond the 14-day appeal period set forth in Bankruptcy Rule 8002(a)(1). 2015); Hellman v. 2015 WL 4205279 (N.D.N.Y. 3d 107, 115 (2d Cir.