Why won't the courts apply the plain language of section 1141(C)? Second … – Lexology (registration)

Why won't the courts apply the plain language of section 1141(C)? Second …Lexology (registration)Timm chapter 7 case. This principle permits a lien to “ride through” a bankruptcy case if the creditor did not “participate” in the case. Of course,Dewsnup, as a chapter 7 case, did not involve the effect of discharge. Instead, Dewsnup focused strictly …

United States: OAS Chapter 15 Decision Sheds New Light On Cross-Border … – Mondaq News Alerts (registration)

United States: OAS Chapter 15 Decision Sheds New Light On Cross-Border …Mondaq News Alerts (registration)known as the US Bankruptcy Code's "safe harbors," are imported into Chapter 15 but are only available and effective within a Chapter 15 case. If Chapter 15 were not the "exclusive door" to the US court system, a foreign debtor could strategically …and more »

Puerto Rico Confronts a Dilemma of Constitutional Proportions – New York Law Journal (registration)

New York Law Journal (registration)Puerto Rico Confronts a Dilemma of Constitutional ProportionsNew York Law Journal (registration)12 Pursuant to that power, Congress enacted the first municipal bankruptcy law in 1934,13 now embodied in Chapter 9 of the modern U.S. Bankruptcy Code.14 However, that constitutional power is limited by the Tenth Amendment, which provides that "[t]he …and more »

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