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Creditors Subject Matter Jurisdiction

Goldberg Segalla

Fourth Circuit: Federal Courts Have Subject-Matter Jurisdiction Over Solvent Debtor Cases

Goldberg Segalla on

Court: U.S. Court of Appeals for the Fourth Circuit - On appeal, the Fourth Circuit affirmed a bankruptcy court’s denial of a motion to dismiss for lack of subject matter jurisdiction. Founded in 1927, Georgia-Pacific LLC is...more

Pillsbury Winthrop Shaw Pittman LLP

Nonconsensual Third-Party Release Limits: Substantial Financial Contribution Won’t Buy Non-Debtors a Release From Claims That...

Reorganization plans providing for non-debtor releases (i.e., releasing non-debtors from claims by creditors of the debtor) have been regularly challenged in recent years, frequently by the United States Trustee and other...more

Herbert Smith Freehills Kramer

“Golden Share” Equity Holder Can Bar Bankruptcy Filing

The Bankruptcy Court in the Southern District of Mississippi (the “Court”), in In re Franchise Services of North America, Inc., Case No. 1702316EE (Bankr. S.D. Miss. Dec. 18, 2017), upheld the blocking power held by a...more

Poyner Spruill LLP

NC Court of Appeals Weighs in on Multiple Creditor’s Rights Issues

Poyner Spruill LLP on

The NC Court of Appeals has issued a number of opinions this year involving lender foreclosure or collection efforts. Not all of the holdings have been monumental, but there is a common thread of useful principles,...more

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