JD Supra

Section 1126 of the Bankruptcy Code and the Dangers of Sleeping on Your Rights as a Creditor

A seat at the table: this is what you likely want when your financial interests are drawn into a bankruptcy court proceeding. You’ll seek to be heard and do what you can to maximize your recovery.
Yahoo Finance

Bankruptcy Code §362(k) and Imposition of Damages for Willful Violations of the Automatic Stay

Carlos J. Cuevas[/caption] When a debtor files a bankruptcy case the automatic stay arises immediately. 11 U.S.C. §362(a); Rexnord Holdings v. Bidermann, 21 F.3d 522, 527 (2d Cir. 1994). The U.S.
Investopedia

Bankruptcy: What It Is, How It Works, and Types

Christian Allred has been a professional writer since 2020. He's written for some of the industry’s top brands and publications, including Rocket Mortgage, PropStream, Propmodo, and CRE Daily.
JD Supra

The Bankruptcy Code’s Automatic Stay Is Not So Automatic for DOL Wage and Hour FLSA Enforcement Actions

The U.S. Bankruptcy Code (the “Code”) § 11 U.S.C. § 362(a)(1) provides that when a party files for bankruptcy, an automatic stay is triggered. However, it turns out that there are limitations to the ...
Forbes

Warren-Nadler Consumer Bankruptcy Reform Act Portends Biggest Changes To Bankruptcy Code Since 2005

Senator Warren and Congressman Nadler have introduced the Consumer Bankruptcy Reform Act (CBRA) which portends to be the biggest change to the U.S. Bankruptcy Code since the Bankruptcy Abuse Prevent ...
SCOTUSblog

Argument preview: Underwater mortgages and the Bankruptcy Code

Type to search articles, cases, and authors. Press ↵ to view all results. This morning at 10 a.m., the Court will hear oral arguments in two cases that at first blush look like they present a fairly ...
Law

Second Circuit Weighs In on Whether the Bankruptcy Code Requires Payment of Post-Petition Interest on Unsecured Claims

Second Circuit Weighs In on Whether the Bankruptcy Code Requires Payment of Post-Petition Interest on Unsecured Claims The Bankruptcy Code 502 (b) (2) provision has been a point of contention when a ...
Forbes

The Bankruptcy Code Is Stacked Against Black Families. Elizabeth Warren’s New Bill Would Change That

Bankruptcy offers an exit route for families and businesses trapped by debt. In 2019, Forever 21, Barneys New York and Payless ShoeSource declared bankruptcy. Donald Trump’s businesses have declared ...
SCOTUSblog

Opinion analysis: Justices stick with Bankruptcy Code text, rejecting Ninth Circuit’s creative punishment of lying bankrupt

As quick off the mark as usual, Justice Scalia’s unanimous opinion for the Court in Law v. Siegel was the Court’s first opinion from the January argument calendar and his fourth opinion (more than any ...
The Hill

Why does the bankruptcy code discriminate against disabled veterans?

When a person files for bankruptcy, it’s a sad day. Although the bankruptcy code was enacted to give a “fresh start to the honest but unfortunate debtor” and a single point of contact for creditors ...
The National Law Review

Does the Bankruptcy Code Allow for Partial Discharge of Student Loans?

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Third Circuit Confirms That Bankruptcy Code Governs Retention of Debtor's Counsel and Recognizes That Bankruptcy Court Has Considerable Discretion

The Third Circuit confirmed that §327 governs retention of counsel. Moreover, it determined that a review of potential conflicts is committed to the discretion of the bankruptcy court and stated that ...