To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
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Eleventh Circuit Again Predicted to Split with the Second Circuit on Foreign Recognition
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
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Rochelle’s Rocky Mountain Case Law Update
Majority of Courts Use Confirmation Date to Value a Lender’s Collateral in Cramdown
Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.
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Delaware Judge Issues Comprehensive Opinion on Makewholes and Unmatured Interest
Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.
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