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{ Monthly Archives } June 2008

Antitrust Aspects of Acquisitions of Financially Distressed Businesses

With increasing frequency, financial restructurings are being implemented via a variety of distressed M&A transactions: Section 363 asset sales, Chapter 11 plans, acquisitions in connection with cross-border insolvency proceedings or out-of-court transactions. This Commentary d

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Student Loans In Chapter 13 Bankruptcy: Recent Court Decisions Show A Disturbing Trend

  Student loans have achieved a unique position in the world of debt. Those student loans with federal guarantee or public sponsorship have no statute of limitations on collection. Authorized debt collectors have extrajudicial tools they are allowed to use for collection and they are given access to the Federal Payments Levy Program that allows a continuous collection levy against

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FREE DOWNLOAD: Lawniczak on Walker v. Walden

The Eleventh Circuit has ruled that the removal of a chapter 7 trustee is a final, appealable order. In reaching its decision, a matter of first impression within the circuit, the court closely examined the decisions of the other circuits, ultimately joining the majority position that such orders are appealable.

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Tax-Stamp Exemption under 11 U.S.C. 1146(a): A Waiting Game in light of Fla. Dep’t of Revenue v. Piccadilly Cafeterias, Inc., 2008 U.S. LEXIS 5025 (June 16, 2008)

In Fla. Dep’t of Revenue v

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Award Nondischargeable

PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals on June 6 ruled that a state court award in a divorce proceeding was nondischargeable because the debtor’s wife required the amount of the award for maintenance and support under 11 U.S. Section 523 ( Kirston J

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Debt Nondischargeable

A panel of the 10th Circuit U.S. Court of Appeals on June 4 affirmed a lower court’s ruling that a debtor’s obligation to creditors who had sued him for damages was nondischargeable because the debtor’s conduct satisfied the requirement for “willful and malicious injury” ( Lizelle J

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Automatic Stay Violated

A New York bankruptcy judge on June 5 ruled that a lender, its agent and an official presiding over a foreclosure sale violated the automatic stay in bankruptcy proceeding when they conducted the foreclosure sale after being notified that the homeowner had filed for bankruptcy ( In Re: Judith Anne Crawford , No. 07-36853, Chapter 13, S.D

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Jeffry A. Davis of Mintz Levin Named San Diego Super Lawyer

SAN DIEGO — Jeffry A. Davis, an attorney practicing in the Bankruptcy, Restructuring and Commercial Law Section of Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., has been selected as a San Diego Super Lawyer for 2008. San Diego Super Lawyers are selected based upon ballots sent by Law & Politics to over 11,000 area attorneys

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Bankruptcy Filings Up 30 Percent From Previous Year

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