How the Three Basic Types of Bankruptcy Are Adjudicated
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Insolvency Law
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Case Analysis: Ly v. Che (In re Ly), 2015 WL 1787575 (9th Cir. Apr. 21, 2015), Insolvency Law e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal. State Bar (July 30, 2015).
SUMMARY In Ly v. Che (In re Ly), 2015 WL 1787575 (9th Cir. Apr. 21, 2015), the U.S. Court of Appeals for the Ninth Circuit affirmed the BAP’s issuance of sanctions against an appellant […]
Understanding Credit Bidding in Bankruptcy Sales
INTRODUCTION A creditor with a lien against property subject to a sale under the Bankruptcy Code generally is entitled to bid the value of its claim. This avenue for lenders to recover on their […]
Bankruptcy Decision Addressing State Sovereignty in the Context of Actions to Avoid Fraudulent Transfers Under 11 U.S.C. § 544(b)(1), Bankruptcy E-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal. State Bar (July 7, 2015).
SUMMARY: A Michigan bankruptcy court recently held that the doctrine of sovereign immunity is abrogated by 11 U.S.C. § 106(a)(1) with respect to a bankruptcy trustee’s action to avoid fraudulent transfers against a branch […]
Case Analysis: Todd v. Rothschild (In re Todd), 2015 WL 1544585 (9th Cir. BAP 2015), Insolvency Law e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal. State Bar (June 8, 2015).
SUMMARY In Todd v. Rothschild (In re Todd), 2015 WL 1544585 (9th Cir. BAP 2015), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that a bankruptcy court lacked jurisdiction to determine the […]