Bankruptcy Law News and Insights

CFIUS Reviews And The Effect On Bankruptcy 363 Sales

Published: Jul 16, 2019
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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee established in 1975 that oversees foreign investment in the U.S. economy. In 1988 CFIUS granted the Executive Office of the President nonreviewable authority to block foreign investments that may present national security concerns. In 2018 the...

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Insys Bankruptcy Filing Immediately After Global Settlement Triggers Powerful Remedies

Published: Jul 09, 2019
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Over the last two years, much of the healthcare world has been watching the government's prosecution of Insys Therapeutics for its sales and marketing practices related to its Subsys spray. Subsys is powerful and highly addictive fentanyl spray (administered under the tongue) that was approved by the FDA in 2012...

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U.S. Supreme Court Rejects “Unreasonable But Good Faith Belief” Defense For Creditors In Violation Of Discharge Injunction

Published: Jul 01, 2019
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At the conclusion of a bankruptcy, the court typically enters an order discharging the debtor from personal liability for most pre-bankruptcy debts. This "discharge order" bars creditors from attempting to collect any debt covered by the order from the debtor personally. 11 USC § 524(a)(2). But after the discharge, creditors may...

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