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LandMark Publications's Bankruptcy (Litigator Series) PDF

By LandMark Publications

ISBN-10: 1520466242

ISBN-13: 9781520466248

THIS CASEBOOK encompasses a collection of 226 U. S. courtroom of Appeals judgements that study and speak about concerns which come up in financial disaster court cases. the choice of selections spans from 2005 to the date of publication.

When a financial disaster motion is filed, any "action or continuing opposed to the debtor" is immediately stayed through part 362(a). the aim of the remain is "to shield collectors in addition to the debtor," Ostano Commerzanstalt v. Telewide Sys., Inc., 790 F.2d 206, 207 (2d Cir.1986) (per curiam), by means of keeping off wasteful, duplicative, person activities through collectors looking person recoveries from the debtor's property, and by means of making sure an equitable distribution of the debtor's property. See In re McMullen, 386 F.3d 320, 324 (1st Cir.2004) (noting that part 362(a)(1), between different issues, "safeguard[s] the debtor property from piecemeal dissipation ... ensur[ing] that the resources stay in the unique jurisdiction of the financial ruin court docket pending their orderly and equitable distribution one of the creditors"). even supposing fraudulent conveyance activities are opposed to 3rd events instead of a debtor, there's caselaw, [ ] declaring that the automated remain applies to such activities. [Footnote omitted.] See In re Colonial Realty Co., 980 F.2d one hundred twenty five, 131 (2d Cir.1992). In re Tribune Co. Fraudulent Conveyance Litigation, 818 F. 3d ninety eight (2nd Cir. 2016).

The financial ruin Code empowers a financial ruin courtroom to unlock events from the automated remain "for reason" proven. In re Bogdanovich, 292 F.3d 104, one hundred ten (2d Cir.2002) (quoting eleven U.S.C. § 362(d)(1)). as soon as a creditor obtains "a furnish of aid from the automated remain" less than part 362(d), it may well "press its claims outdoor of the financial ruin proceeding." St. Paul hearth & Marine Ins. Co. v. PepsiCo, Inc., 884 F.2d 688, 702 (2d Cir.1989), disapproved of on different grounds by means of In re Miller, 197 B.R. 810 (W.D.N.C. 1996). In re Tribune Co. Fraudulent Conveyance Litigation, ibid.

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Bankruptcy (Litigator Series) by LandMark Publications


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