The “good-faith filing” doctrine has generated recent precedent and more than a little controversy.
Committees
A chapter 7 debtor seeking to retain personal property secured by a lien has several options available, one of which is redeeming the property from the lien pursua
Empirical data suggests that companies that emerge from chapter 11 are more likely to file for “chapter 22” than those that never filed. In general, companies that emerge from bankruptcy protection never reach their former level of strength and vitality.
A chapter 7 debtor seeking to retain personal property secured by a lien has several options available, one of which is redeeming the property from the lien pursuant to §722 of the Bankruptcy Code. Although there remains a split of authority on the question, the prevailing view is that the appropriate measure of value for a contested redemption is the liquidation value of the property.
On June 2004, the Kingdom of Thailand enacted amendments to the Thai Bankruptcy Act2. The new amendments to the Act (the Amendments), which are codified in Bankruptcy Act (No. 7), B. E.
In the recent decision, In re Petition of Dr. Eberhard Braun, in his Capacity as Insolvency Administrator for Fairchild Dornier GmbH, Case No. 02-52351-LMC, the bankruptcy court denied a motion to reconsider a motion seeking relief from an 11 U.S.C. §304 injunction.
Introduction
The proposed Brazilian Bankruptcy law as proposed by the House of Representatives was extensively amended by the Senate. The Senate revisions are currently being considered in the House of Representatives, which has appointed a commission to recommend changes to the Senate version.
This bill passed the House by a vote of 418 - 0 and is now pending in the Senate Judiciary Committee. The legislation is responsive to the decision of the U.S. Supreme Court in Lexecon, Inc. v.
The Supreme Court held that the discharge of a student loan debt, as an exercise of the bankruptcy court’s in rem jurisdiction, does not infringe the state’s sovereign immunity.
The Supreme Court, apparently without resort to a calculator, decided the cramdown interest issue by employing a formula approach.
