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Debtors › Contract Disputes

Patterson Belknap Webb & Tyler LLP

New Jersey Bankruptcy Court Rules That Debtor Could Not Sell its Future Accounts Receivable Prepetition

Patterson Belknap Webb & Tyler LLP on

A bankruptcy court in New Jersey recently granted a debtor’s motion to dismiss the counterclaims of two creditors who purchased a percentage of the debtor’s future receivables prepetition. The court rejected the creditors’...more

Patton Sullivan Brodehl LLP

Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims

Patton Sullivan Brodehl LLP on

The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on.  But some bankruptcy proceedings give birth to complicated agreements that...more

Shumaker, Loop & Kendrick, LLP

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

Shumaker, Loop & Kendrick, LLP on

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...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Check Is(n’t) In The Mail: The Cause Of Action Of ‘Account Stated’

Lasher Holzapfel Sperry & Ebberson PLLC on

You are a homeowner who hires a contractor to come regularly to your property for routine maintenance. At first, everything seems to be going fine. Your contractor dutifully shows up on the first of every month and leaves an...more

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