Bankruptcy Research Library 2019

No. 1 Involuntary Bankruptcy Cases and Discretionary “For Cause” Dismissals
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No. 2 A Non-Profit Entity may not be Substantively Consolidated with an Affiliated Debtor
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No. 3 Constructive Fraudulent Transfers—Determining Insolvency
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No. 4 Under a Confirmed Chapter 11 Plan a Liquidating Trustee May Have Sole Authority to Review and Object to Claims.
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No. 5 Determining When the Granting of Relief is Deemed Abuse of the Bankruptcy Code under Section 707
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No. 6 It is Possible to Incriminate Yourself in the United States Bankruptcy Courts
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No. 7 Filing a Proof of Claim in a Bankruptcy Court Subjects the Filing Party to the Court’s Jurisdiction. Anti-waiver Clauses in the Proof of Claim Are Not the Same Thing as Objecting to Jurisdiction
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No. 8 Debtor-Tenants Located in Shopping Centers Must Satisfy Heightened Requirements When Assuming and Assigning Their Unexpired Lease in Bankruptcy
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No. 9 Foreign Third-Party Releases May Be Enforced Under Principles of Comity
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No. 10 Balancing and Protecting Competing Interests of a Landlord-Tenant Relationship in a Section 363 Sale
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No. 11 Constraints on the Breadth of a Bankruptcy Trustee’s Power to Demand a Turnover of Assets
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No. 12 Exploring the Scope of the Property Requirement of Section 109(a) in Chapter 11 and 15 Cases
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No. 13 Chapter 7 Bankruptcy Proceedings May Be Sufficiently “Unusual” to Render Forum-Selection Clauses Unenforceable
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No. 14 The Standard For Taking A Security Interest In Fixtures
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No. 15 Selling a Vessel Free and Clear of a Maritime Lien Pursuant to Section 363 of the Bankruptcy Code
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No. 16 Are Settlement Agreements Executory Contracts? Courts That Say “No” Give More Power to Creditors in Bankruptcy Actions
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No. 17 Analyzing a Creditor’s Ability to Exercise its Shareholder Rights to Prevent a Bankruptcy Filing by a Company
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No. 18 Court’s ability to modify or terminate a prior recognition order under §1517(d) of the Bankruptcy Code
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No. 19 Discharge Under Section 524(a) Does Not Preclude a Suit to Recover From a Debtor’s Insurer
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No. 20 Distribution of Property Overseen by Family Courts Will Not Bar Constructive Fraudulent Transfer Claims
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No. 21 Circuit Split Created Over Enactment of Section 510(a) of the Bankruptcy Code and its Effect on the Rule of Explicitness
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No. 22 A Trustee Generally May Not Recover an Actual Fraudulent Transfer if the Funds Have Been Reimbursed to the Debtor Pre-Petition
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