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automatic stay Archives - DelCotto Law Group

Recoupment Defined

January 31, 2018
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By: Dean Langdon

Recoupment allows one party (Party A) to a contract to keep payments that are due to the other party (Party B) when Party B owes money to Party A at the same time. There must be an over-payment by one party, and the competing […]

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Legal Claims as Assets in Chapter 11

December 12, 2017
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By: Dean Langdon

It’s not unusual for a company in financial distress to be involved in some sort of litigation, with claims being asserted back and forth between one or more parties. One of the benefits of filing bankruptcy is the automatic stay, which stops prosecution of […]

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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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