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Sex Abuse Victims to Have a Private Conference with the Judge and the Catholic Bishop
Bankruptcy Judge Christopher Klein said it was ‘nonsense’ to argue that ‘a Bankruptcy Court lacks authority to permit survivor statements to be made to the Court and to the Bishop.’
Opt-Out Plan Confirmed with Impaired Creditors Almost Unanimous in Support
In the Spirit Airlines reorganization, no creditors with an economic interest had opposed confirmation of a plan with opt-out releases for nondebtors.
District Court Doesn’t Say Whether ‘Person Aggrieved’ Survived Truck Insurance
District court upholds an ‘opt-out’ chapter 11 plan with releases for nondebtors.
Court:
For Fraudulent Transfers, Retailers Needn’t Police Who Receives Value from the Purchase
Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.
Bankruptcy Judge Rejects a District Court’s Narrow View of Sales Free and Clear
New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.
Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed, Third Circuit Says
The Third Circuit upheld Bankruptcy Judge Goldblatt of Delaware where the answer was self-evident but there was no controlling authority.
Court:
Student Loans for a Professional Degree Weren’t Business Debts to Qualify for Sub V
The Ninth Circuit didn’t completely close the door to a finding in another case that student loans for a professional degree could be business debts making the debtor eligible for Subchapter V of chapter 11.
Court: