Michael J. McFly v. United States24 DownloadsYear: 2018 (Vol. 42) Topics: Bankruptcy Law Question(s) presented: Whether the abrogation of sovereign immunity under § 106(a)(1) of the Bankruptcy Code, with respect to § 544(b)(1) extends to the derivative applicable law. Format: Word and PDF Prepared by: Michael H. Youn
Kurtis Helmborg v. Fortunetworks Finance Corporation19 DownloadsYear: 2018 (Vol. 42) Topics: Bankruptcy Law Question(s) presented: Whether refusing to turn over property to the debtor after a bankruptcy petition is filed constitutes an “exercise of control” that violates the bankruptcy stay as required under 11 U.S.C. § 362(a)(3). Format: Word and PDF Prepared by: SeungMoon Lee Preemption Notice! Read more about Kurtis Helmborg v. Fortunetworks Finance Corporation[…]
Commodus Capital Management v. We’re Games, Inc.20 DownloadsYear: 2018 (Vol. 42) Topics: Bankruptcy Law Question(s) presented: Whether the District Court properly held that an appeal of an unstayed plan of reorganization that includes a third-party release is equitably moot. Format: Word and PDF Prepared by: David Kratzer
Harris v. Goliath Ntl Bank34 DownloadsYear: 2015 (Vol. 39) Topics: Bankruptcy Question(s) presented: Whether Fair Debt Collection Practices Act consumer protection provisions may apply to a proof of claim in bankruptcy proceeding, or whether the Bankruptcy Code precludes such protections from taking effect. Format: Word and PDF Prepared by: Michael Brand
Widget Workers v. Manufacturers Inc.17 DownloadsYear: 2013 (Vol. 37). Topic: Bankruptcy. Question: Whether a corporation in Chapter 11 bankruptcy must prove that it cannot reorganize without rejection of its labor agreements in order to succeed in rejecting its Collective Bargaining Agreements with its unions pursuant to 11 U.S.C. § 1113(b). Format: PDF.
Griffin v. Quahog Fin. Credit Union16 DownloadsYear: 2009 (Vol. 33). Topic: Bankruptcy. Question: Whether a Chapter 7 debtor is permitted to retain secured property by continuing to perform according to the original loan contract, or whether 11 U.S.C. § 521(2) limits a debtor to surrender, reaffirmation, exemption, or redemption of the loan or collateral. Format: PDF.