Blog listing

  • Bankruptcy Court Sheds Light on Effect of Section 1112(b

    When a bankruptcy case is dismissed for cause pursuant to section 1112(b) of the Bankruptcy Code, the effect of the dismissal on orders entered during the case is not always clear. A recent District of Delaware decision, In re Scarborough-St. James Corporation, sheds some light on the effect of an 1112(b) dismissal on a lease rejection order.

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  • Ninth Circuit Holds That Debtor May Recover Attorneys

    The Ninth Circuit has overruled its own relatively recent decision and has held that a debtor who sues for damages to redress a violation of the automatic stay may recover the reasonable fees it incurs prosecuting the action, even after the stay violation is cured. The Bankruptcy Code’s automatic stay provision, section 362, includes this

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