Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor
Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.
Court:
Westmoreland Coal, Lenders Strike Deal With Creditors Committee
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Creditors Say Edward Lampert Reaped Billions but Left Sears Insolvent
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Newly Filed Certiorari Petitions Raise Circuit Splits on ‘Finality’ and the Automatic Stay
The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.
Court:
McKinsey & Company Is Again Accused of Misdeeds in Bankruptcy Case
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YPF Seeks to Shake Off Lawsuit over Passaic River Damage
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Sears and Its Creditors Can Sue Lampert, ESL Over Past Deals
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