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Statute

Bankruptcy Code

830 published works

  1. Real Lawyers Have Blogs

    Legal News – LexBlogosphere: 11/23/07

    By Rob La Gatta

    Hope everyone is recovering well from last night's celebration.As we continue to count down the final few days of existence for these LexBlogosphere updates (preparing to usher in the arrival…

  2. In The (Red)®

    The Bull Rips A Hole In The Matador’s Cape: New Ninth Circuit Decision Limits Reach Of Section 502(b)(6)’s Landlord Cap

    By Bob Eisenbach

    A commercial real estate lease often represents the largest single liability of many debtors. For retailers, which typically have scores or even hundreds of store leases, the liability involved is orders…

  3. In The (Red)®

    Ordinary Course Preference Case Takes Extraordinary Turn: Ninth Circuit Strikes Down Local Bankruptcy Rule On Jury Trials

    By Bob Eisenbach

    Preference lawsuits are filed all the time in bankruptcy cases and the ordinary course of business defense is frequently asserted. Still, it's the rare case that ends up with a federal court of…

  4. In The (Red)®

    The Best Of Both Worlds: Can A Secured Creditor Get A Section 503(b)(9) “20 Day Goods” Administrative Claim Too?

    By Bob Eisenbach

    In a decision from August 17, 2007, just released for publication, the Ninth Circuit's Bankruptcy Appellate Panel (BAP) faced a previously unanswered question under Section 503(b)(9) of the Bankruptcy Code, the…

  5. In The (Red)®

    Another Court Follows The Footstar Decision On Assumption Of IP Licenses In Bankruptcy

    By Bob Eisenbach

    Intellectual property licenses continue to be significant to companies across a wide range of industries. This fact makes their treatment in business bankruptcy cases a topic of keen interest.  Can A…

  6. In The (Red)®

    Third Circuit Holds Contemporaneous Exchange Defense To Preference Claim Is Available Even For Credit Transactions

    By Bob Eisenbach

    On June 7, 2007, the U.S. Court of Appeals for the Third Circuit issued a decision in the In re Hechinger Investment Company case holding that the "contemporaneous exchange for new…

  7. The Contingency

    Honorary “Director” Not a “Director”, Tenth Circuit Holds

    By Barry Barnett

    Section 547(b) of the Bankruptcy Code allows a debtor (or its trustee) to set aside pre-bankruptcy transfers to "insiders" of the debtor.  The definition of insider includes companies for which…

  8. New Jersey Law Blog

    Rights of Suppliers under Bankruptcy Law

    By Stark & Stark

    In light of yesterday's bankruptcy filing by Rockaway Bedding, suppliers to the retail chain need to be aware of how to proceed in protecting themselves for the goods they have…

  9. Finance & Bankruptcy Law Blog

    Fobian Overruled

    By Sheppard Mullin

    In Travelers Cas. and Sur. Co. of America v. Pacific Gas & Electric Co., 127 S. Ct. 199 (2007) ("Travelers"), the United States Supreme Court overturned a Ninth Circuit Court…

  10. Georgia Bankruptcy Blog

    MD Ga – Vehicle Driven Primarily By Debtor’s Spouse Was Not “Aquired For Personal Use of Debtor,” And Hanging Paragraph Of §1325(a) Did Not Protect Creditor

    By Scott Riddle

    By: Scott B. Riddle, Esq. In In re Adams, Ch. 13 Case No. 06-51651, 2007 Bankr. LEXIS 616 (Bankr. M.D. Ga. March 1, 2007)(Hershner), the debtor husband purchased a new…