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Vendor Rights Under Sections 502(b)(9) and 546(c) of the Bankruptcy Code
Bankruptcy and Creditor's Rights attorney Bill Siegel explains Bankruptcy Code provisions that apply to vendor's rights and creditor's rights regarding distressed debtors.
Nondischargeable Debt: Corporate Officer Cannot Hide Behind Corporate Shield on Claim Based on Fraud
[Regarding: Glencove Holdings, LLC v Bloom (In re Bloom), No. 22-1005 (10th Cir. July 12, 2022)]
The Tenth Circuit Court of Appeals recently affirmed the bankruptcy court and bankruptcy […]
District Court Criticizes Bankruptcy Judge for Approving Far-Reaching Third-Party Releases and Addresses Venue Shopping
A U.S. District Court judge in the Eastern District of Virginia1, Richmond Division, set aside confirmation of a Chapter 11 plan that contained “extremely broad third-party (non-debtor) releases.” […]
Bankruptcy Auctions and the Establishment of Fair Market Value
There is a reason why a buyer of substantially all of a seller’s assets may want to pursue a sale via the buyer filing bankruptcy, through a bankruptcy auction. By […]
Circumstances Justifying the Dischargeability of Student Loans Under the Bankruptcy Code
re: Homaidan v. Sallie Mae, Inc., et al., No. 20-1981 (2d Cir. July 15, 2021)
Generally speaking, student loans are extremely difficult to discharge in bankruptcy even under dire circumstances […]