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Georgia Bankruptcy Blog
Extension Of Time To Assume Or Reject Non-Residential Lease Must Be Obtained Prior to Expiration of 120 Day Period In BAPCPA Section 365(d)(4)
By Sunghee Sohn
In In re Tubular Technologies, LLC, Chapter 11 Case No. 06-00228 (Bankr. D. S.C. June 21, 2006) (click here for the opinion), the debtor filed a Chapter 11 petition on…
Wills, Trusts & Estates Prof Blog
The Bankruptcy-Probate Interface
Anthony Michael Sabino has recently published his article entitled Violence of Action: The Bankruptcy Code, Domestic Relations Law, and The New War with State Probate Law, 19 Quinn. Prob. Law…
Finance & Bankruptcy Law Blog
Return Of Preferential Payment Arising From Fraud Settlement Does Not Revive Creditor’s Nondischargeability Claim
In Busseto Foods, Inc. v. Charles Laizure (In re Laizure), No. 06-1112 (9th Cir. B.A.P., September 1, 2006), the Ninth Circuit Bankruptcy Appellate Panel affirmed a Bankruptcy Court decision holding…
E. coli Blog
Hard times for spinach companies
Fox 28 out of South Bend, Indiana reported today that spinach processor ReadyPac, from nearby Michiana, will likely lay off over 200 workers who bag produce like spinach, lettuce and…
Bankruptcy Litigation Blog 2.0
Duck Soup: NY’s Judge Burton Lifland Nixes Dana Corp.’s “Incentive” Plan for Its Top Six Executives
Though its origins are murky, the slang phrase "duck soup" is typically understood to mean "a piece of cake" or "something that is easily done." The Marx Brothers made the…
Finance & Bankruptcy Law Blog
A Bankruptcy Court’s Inherent Authority Is Limited To The Authority Appropriate And Necessary To Carry Out The Provisions Of The Bankruptcy Code
On July 7, 2006, the United States Bankruptcy Appellate Panel for the Ninth Circuit, in Johnson v. TRE Holdings LLC (In re Johnson), BAP No. CC-05-1268 (9th Cir. B.A.P. 2006),…
Bankruptcy Litigation Blog 2.0
Proving an Intentional Fraudulent Transfer under the Bankruptcy Code and the UFTA: A Clear and Convincing Preponderance of Uncertainty
Univ. of Richmond Law School's Professor A. Benjamin Spencer, founder of the Split Circuits Blog (previously noted here), has posted today on a split recently discussed by Columbus Bankruptcy Judge John E.…
Finance & Bankruptcy Law Blog
World Health Alternatives Upholds a Secured Creditor’s Carve-Out Inuring Solely to the Benefit of General Unsecured Creditors
In In re World Health Alternatives, Inc., Case No. 06-10166 (July 7, 2006), the Bankruptcy Court for the District of Delaware held that—notwithstanding the Third Circuit’s recent opinion, In re…
Finance & Bankruptcy Law Blog
Internal Revenue Bulletin No. 2006-22 Sets Forth Procedures for Prompt Determination of Unpaid Tax Liabilities of a Bankruptcy Estate
On May 30, 2006, the Internal Revenue Service (IRS) published Internal Revenue Bulletin No. 2006-22, Revenue Procedure 2006-24. This bulletin sets forth the steps for a bankruptcy trustee or debtor…
Finance & Bankruptcy Law Blog
California Court of Appeals Disagrees With Sherwood Partners and Holds That California Preference Laws Are Not Preempted by the Bankruptcy Code
On May 31, 2006, the California Court of Appeal for the Second Appellate District, in Haberbush v. Charles and Dorothy Cummins Family Ltd. Partnership, Case No. B175947, disagreed with the Ninth Circuit's majority opinion in…