Remove author bankruptcy-creditors-rights
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The Rights of a Prepetition Lien Holder Against Postpetition Proceeds from a Sale of Real Property

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. 2] In 2022, the Debtor commenced a chapter 11 bankruptcy case. [3]

Banking 40
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NewAge Gets Ch. 11 Liquidation Plan Confirmed

Law 360 M&A

won a Delaware bankruptcy court's approval Friday of a Chapter 11 liquidation plan after resolving claims with multiple creditors including tax authorities and waiving its rights to pursue other claims. Direct-to-consumer juice seller NewAge Inc.

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Debevoise Discusses Key Questions Recent Crypto Bankruptcy Filings May Answer

Reynolds Holding

One of the key unresolved questions surrounding crypto-custodian bankruptcy proceedings under the U.S. Recently, these risks have come to the limelight as two major crypto custodians have commenced bankruptcy proceedings and several others are facing financial difficulties. Voyager, on the other hand, filed for Chapter 11 bankruptcy.

Banking 49
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The Questionable Virtues of Chapter 11 in the FTX Bankruptcy

Reynolds Holding

On November 14, 2022, FTX, the third largest crypto exchange in the world, filed for bankruptcy. Early reports indicate that the company faces aggregate claims from creditors in the billions of dollars and has traditional, liquid assets that fall far short of meeting these liabilities. Attorney for the Southern District of New York.

Banking 105
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Only a Counterparty Can Compel a Debtor to Cure a Default on a Contract that is Being Assumed

ABI

American Bankruptcy Institute Law Review Staff. . Subject to court approval, a trustee or debtor in possession may assume or reject an executory contract or unexpired lease of a debtor under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). [i] John’s University School of Law.

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Only a Party to an Assumed Executory Contract can Assert a Cure Claim

ABI

3] George Washington Bridge Bus Station Development Venture LLC (“Debtor”) was party to a ground lease (“Ground Lease”) with the Port Authority of New York and New Jersey (“Port Authority”). [4] 7] In an effort to sell its rights in the Ground Lease, Debtor assumed the Ground Lease and rejected its contract with Tutor Perini. [8]

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A Debtor’s Silence May Waive its Right to Enforce its Rights?under a Confirmed Plan of Reorganization

ABI

American Bankruptcy Institute Law Review , Staff Member. In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. 14] After reviewing the facts, including the Debtor’s vast silence, the North Dakota Bankruptcy Court denied Parkland’s motion to enforce its Plan. [15]. and any creditor.

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