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{ Monthly Archives } March 2008

Are You Buried In An Information Avalanche?

Although the foundation of today’s Internet was built as a government project more than 40 years ago, relatively few people were using it at the beginning of the 1990s. Then Vice President Al Gore spoke glowingly of the promise of the “information superhighway,” which would improve the conduct of science and scholarship, provide an engine for economic growth, and most importantly, give people access to mountains of

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Hon. Ralph R. Mabey on In re Excel Innovations

  The courts of appeals do not agree on the standard for issuing an injunction to stay litigation against a nondebtor party. Many lower courts have followed the lead of the Fourth Circuit in granting a section 105 injunction against litigation that interferes with the reorganization of the debtor. In a case of first impression, In re Excel Innovations,

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Mark Broude and George Royle V on Al Perry Enterprises, Inc.

  The scope of Code section 363(f) remains unclear thirty years after its enactment. The section authorizes a trustee to sell estate assets “free and clear of any interest in such property,” but courts do not agree on whether “interests” includes non-in rem interests, such as claims against the estate.

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James M. Lawniczak on Thompson v. Greenwood

  The courts have not agreed on whether 28 U.S.C.S. § 1412 allows a bankruptcy court to retain jurisdiction of an improperly venued case

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