Bankruptcy
This is FindLaw’s collection of Bankruptcy articles, part of the Finance section of the Corporate Counsel Center. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its constitutional grant of authority to "establish… uniform laws on the subject of Bankruptcy throughout the United States." Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts. Find information about bankruptcy laws, including answers to some of the most frequently asked questions. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Finance
Bankruptcy Articles
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Sixth Circuit Rejects Proration Of Postpetition Rent
In Koenig Sporting Goods, Inc. v. Morse Road Company (In re Koenig Sporting Goods, Inc.), the United States Court of Appeals for the Sixth Circuit interpreted section 365(d)(3) of the Bankruptcy Code, which requires a debtor to timely perform all ...
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Specific Postconfirmation Issues
"The best laid schemes of mice and men gang ast a-gley; And leave naught but grief and pain for promised joy" -- Robert Byrns "If anything can go wrong, it will" -- Murphy Plan confirmation is the promised joy after hard fought battles. After all ...
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State Department Advisory Committee Meets on Italian Request for Import Restrictions
This article was published in the December 1999 edition of The Celator. On October 12, 1999, the US State Department's Cultural Property Advisory Committee met in public session on Italy's request for import restrictions on a wide variety of ...
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Subsidiary Legislation Enacted Under Mutual Funds Act
By notice dated September 3, 1998 the Registrar of Mutual Funds announced that the Governor in Council has approved the passage of two pieces of subsidiary legislation namely:The measures have been introduced prior to the September 30 deadline for ...
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Successor Liability Under Colorado Law
This article summarizes applicable Colorado law regarding the liability of a purchaser of substantially all of the assets of a business for liabilities arising out of the prior owner's business operations, including possible transferee liability for ...
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Suit for Postpetition Patent Infringement of “Super Soakers” Does Not Violate Automatic Stay
Recently, the United States District Court for the District of New Jersey addressed the issue of whether the automatic stay applies to bar a suit seeking both monetary damages and injunctive relief for postpetition patent infringement by a chapter ...
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Supreme Court Alters Terrain For Chapter 11 Plan Confirmation
On May 3, 1999, the United States Supreme Court delivered its long awaited decision Bank of America v. 203 North LaSalle Street Partnership, 126 F.3d 955 (1999), and in doing so created some serious impediments to the confirmation of so-called "new ...
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Supreme Court Finally Decides Whether a New Value Exception Exists to the Absolute Priority Rule: Or Did It?
At long last, the United States Supreme Court finally decided an opinion putting to rest the issue of whether the "new value" corollary to the absolute priority rule exists under the Bankruptcy Code. In general, a Chapter 11 plan of reorganization ...
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Supreme Court Resolves Issue Of Standing under Bankruptcy Code Section 506(c)
When a debtor's bankruptcy estate does not have sufficient unencumbered funds to pay all administrative expenses in full, the collateral of a secured creditor presents a very tempting target. Bankruptcy Code section 506(c) provides that the trustee ...
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Surviving a Sublandlord’s Bankruptcy
When a party to a lease files for bankruptcy protection, the effect of bankruptcy laws upon the party's lease can be significant. It is essential for one involved in the leasing of real property to understand the impact of certain bankruptcy laws ...
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