US Column: The Impact of "Applicable Non-Bankruptcy Law" in Chapter 11 Proceedings

Shumaker, Loop & Kendrick, LLP
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Seasoned global insolvency professionals are aware that the Bankruptcy Code is the governing law of Chapter 11 cases. The US Bankruptcy Code contains the phrase "unless applicable non-bankruptcy law provides otherwise" in many instances. Thus, the Bankruptcy Code incorporates substantive law on many issues including lien rights, commercial contracts, employment law, environmental law and the list goes on.

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