Bankruptcy Law News and Insights

Creditors Beware: Bankruptcy Stay May Shield Property Possessed But Not Owned By Debtor

Published: Aug 17, 2022
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The automatic stay triggered by a bankruptcy filing may protect the debtor's residence even if the debtor does not own the property, according to a recent decision from a New York-based federal appeals court. In a case of first impression decided in July 2022, the Second Circuit set a bright-line...

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Bankruptcy Code § 363(m) Is Now Up For Interpretation At The U.S. Supreme Court

Published: Aug 04, 2022
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On June 27, 2022, the U.S. Supreme Court granted certiorari in MOAC Mall Holdings LLC v. Transform Holdco LLC (21-1270) to resolve a Circuit split over whether section 363(m) of the Bankruptcy Code limits appellate jurisdiction over bankruptcy sale orders or simply limits the appellant's remedies on such appeals. Given the now...

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Will Creditors Amend And Extend Or Enforce With(Out) Remorse?

Published: Jul 28, 2022
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There has been a series of warnings of an upcoming financial downturn; just too many strains on and impediments to the domestic and global economy, with inflation galloping and interest rates following, it seems – as the markets certainly believe – a downturn is coming or is already here. That...

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