In Spark Factor Design, Inc., et al. v. Hjelmeset (In re Open Medicine Institute, Inc.), No. 22-60017 (9th Cir. Oct. 30, 2023), the Ninth Circuit Court of Appeals recently found that a bankruptcy court has discretion of...more
The ability of a chapter 11 going-concern debtor to be discharged from its prepetition liabilities is common place and not controversial. 11 U.S.C. § 1141(d). However, the ability of a debtor to release third-party...more
There is more than one way that a creditor of a bankrupt entity (or debtor) can directly prosecute its claims in bankruptcy. If the creditor is involved in prepetition litigation with the debtor, it could request relief from...more
7/8/2021
/ Automatic Stay ,
Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Defamation ,
Federal Rules of Bankruptcy Procedure ,
Intentional Infliction of Emotional Distress ,
Invasion of Privacy ,
Motion for Relief ,
Proof of Claims ,
State Law Claims