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Tag Archives: Bankruptcy

Interlocutory appeal denied, resolution would not advance litigation (access required)

Where the substitute trustee sought to appeal from an order granting the bankruptcy trustee partial summary judgment on claims for breach of fiduciary duty and violation of the automatic stay, the appeal was denied because there was no final order ...

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Forum shopping and litigation conduct doom withdraw motion (access required)

A company lost its motion to withdraw a reference from bankruptcy because its litigation conduct suggested it shifted the dispute from forum to forum to stave off foreclosure as long as possible. Background This matter is before the court on ...

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Federal assistance may prolong bankruptcy filings (access required)

With businesses closed, employees furloughed and sales plummeting, there will almost certainly be an increase in bankruptcy filings as a result of the pandemic. But with the recent outpouring of federal financial support, attorneys say the uptick in “COVID-caused” bankruptcy ...

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Substitute trustee’s foreclosure sale violated automatic stay (access required)

Where the substitute trustee’s sale of real property failed to comply with provisions required by the deeds of trust, the foreclosure sale was invalid, so that, when the substitute trustee recorded the deed, she violated the automatic stay. The amount ...

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