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Searching Content indexed under Litigation, Mediation & Arbitration by Brian Trust ordered by Published Date Descending.
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Tousa III, Lenders Beware? Eleventh Circuit Upholds Bankruptcy Court’s Original Fraudulent Transfer Decision
On May 15, 2012, the Eleventh Circuit Court of Appeals (the "Circuit Court") issued an opinion in In re TOUSA, Inc., in which it affirmed the original decision of the bankruptcy court and reversed the appellate decision of the district court.
United States
18 May 2012
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US Third Circuit Court of Appeals Further Defines Bankruptcy Courts’ Ability to Enjoin Actions Between Non-Debtor Affiliates and Third Parties
In a decision that reaffirms its previous rulings on the jurisdictional limits of bankruptcy courts, the US Court of Appeals for the Third Circuit recently held in "W.R. Grace & Co. v. Chakarian (In re W.R. Grace & Co.)" that bankruptcy courts lack subject matter jurisdiction over third-party actions against non-debtors if such actions could affect a debtor’s bankruptcy estate only following the filing of another lawsuit.
United States
15 Mar 2010
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Unsecured Creditors May Claim Post-Petition Attorneys’ Fees
In a decision that will be of great interest to the creditor community, the US Court of Appeals for the Second Circuit held, on November 5, 2009, that the Bankruptcy Code does not bar an unsecured claim for post-petition attorneys' fees that was authorized under a valid prepetition contract.
United States
25 Nov 2009
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