ABI Creates Working Group on Diversity
Article on ABI's creation of the Diversity Working Group
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Health Diagnostic Laboratory, Inc.: Must a Liquidating Trustee Be Disinterested?
Although a liquidating trustee’s actions are restricted by a confirmed plan, Arrowsmith functioned as chief restructuring officer while the future confirmed plan was in the works.
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ABI Testifies at House Judiciary Committee Hearing
Hearing on Oversight of Bankruptcy Law and Legislative Proposals.
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Stay on Top of Bankruptcy Developments on Capitol Hill
Keep track of legislation focused on debt and insolvency.
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Senators Introduce Bipartisan Legislation to Fix Means Test Disparity for Disabled Veterans
U.S. Senators Tammy Baldwin (D-Wis.) and John Cornyn (R-Texas) on March 7 introduced the bipartisan Honoring American Veterans in Extreme Need (HAVEN) Act to protect the economic security and well.
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Amendments to the Federal Rules of Bankruptcy Procedure Take Effect December 1
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U.S. Lawmakers Propose New Bankruptcy Process for Small Businesses
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Daily v. Garrett
Evidence only showed Plaintiffs may have had a breach of contract action [...]
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Washington State Bankruptcy Court Clarifies Standard for Substantial Contribution Claim
"the court limited the allowance of the substantial-contribution claim to those fees and expenses directly related to procuring contingency-fee counsel and the costs related to copying records"
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JTF Rose, Inc. v. Esquerra
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case.
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Real Estate Sales Free and Clear of Unexpired Leases Under § 363(f)
Once a landlord files for bankruptcy protection, what options will the trustee have in dealing with their remaining tenants?
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Clientron Corp. v. Devon IT, Inc.
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction.
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Spanish Peaks: What Happens When Leases Collide with a Bankruptcy Sale?
"If the trustee rejects an unexpired lease, then the lessee may retain its appurtenant possessory rights in the property for the balance of the lease term."
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A Big Stretch for Bankruptcy Jurisdiction: SPV OSUS v. UBS
"[SPV OSUS Ltd. v. UBS AG] is notable for its expression of the Second Circuit’s rather extraordinary view of “related to” bankruptcy jurisdiction."
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Own Houses in Different States, Claim a Homestead Exemption & Plan to Leave?
"The bankruptcy court in Felgner identified 10 factors from Murphy that are relevant in determining domicile: [...]"
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Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling
"[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"
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In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract
In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.
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Can You Lose a Licensed Mark in Bankruptcy? Reality and Considerations
Parties can build in protections that reduce the risk of rejection in bankruptcy, including placing the trademarks in a separate bankruptcy protected or remote entity and/or obtaining a lien [...]
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Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold
Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.
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Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions
A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.
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