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Blog | DelCotto Law Group

Mr. Griffith Takes Delaware

Professor Takes Frustration with Merger Lawsuits to Court

August 4, 2015
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Shout Out to Fordham Law Professor Sean Griffith who applied action to his teaching of  mergers and acquisitions.

The legal system is far from perfect. It often feels to me that it has gotten worse over the last decade or so, as the reces-

sion combined with the […]

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Administrative Expense Claims, bankruptcy, sixth circuit, court

Sixth Circuit: Administrative Expense Claims Standard

July 28, 2015
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By requesting payment of an administrative expense claim, the movant has the burden of proof and must demonstrate that the expenses were “reasonable, necessary and benefited the estate.” In re Cook & Sons Mining, Inc., 2005 U.S. Dist. LEXIS 21615 (E.D. Ky. Sept. 28, 2005). The […]

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automatic stay, exceptions, police power, government

Automatic Stay: Police Power Exception

July 16, 2015
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Police or Regulatory Power Exception to Automatic Stay

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws.   It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove it […]

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Automatic stay, extend, non-debtor, non-bankrupt parties

Extending Automatic Stay to Non-Debtors

July 14, 2015
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A bankruptcy lawyer’s overview for automatic stay for non-bankrupt parties

 

Bankruptcy courts have the authority to extend the automatic stay to non-bankrupt parties, under limited circumstances. Bankr.Code, 11 U.S.C.A. §§ 105(a), 362(a).  Section 105 (a) of the […]

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