Remove 2018 11
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New SDNY Decision on Administrative Priority for Executory Contracts

PBWT

To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the actual, necessary costs and expenses of preserving the estate.” ” 11 U.S.C. § ” 11 U.S.C. §

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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]

Debtor 40
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Substantial Contribution: A New Decision from the Third Circuit

PBWT

Years before the debtor (ACCJ) filed for bankruptcy, it had entered into a contract with another entity (RLT). In 2018, ACCJ filed for chapter 11. RLT later filed its own chapter 11 case. Substantial contribution claims are governed by section 503(b) of the Bankruptcy Code. 11 of this title.”

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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] However, the NAACP does not appear to rely on this strategy as frequently in the bankruptcy context under Bankruptcy Rule 2018.

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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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The Increasing Acceptance of Derivative Standing

ABI

1] In 2012, the Archdiocese of Santa Fe (“Debtor”) along with its 90 parishes began restructuring its assets after creating the Archdiocese of Santa Fe Real Estate Corporation (“RE Corp.”). [2] 2] Debtor then created a real estate trust and a financial assets trust, both effective January 1, 2013, and made RE Corp. the only trustee. [3]

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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] In 2018, Sears, Roebuck and Co.