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Bankruptcy Code Archives - DelCotto Law Group

Secret Court Filings? Not So Much…

March 7, 2018
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By: Laura Day DelCotto

The litigation process is a “public” procedure, all set forth in an official court record which can be accessed by the public. Sometimes, one (or both) of the parties want to file papers, but keep them confidential and not open to public view.  Maybe […]

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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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Cure Periods for Assuming Executory Contracts and Leases

October 1, 2015
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Cure Periods for Assuming Executory Contracts and Leases

Section 365(b)(1) of the Code sets forth the requirements which a debtor must satisfy to assume an unexpired lease or executory contract and it specifically provides that:
“If there has been a default on an… unexpired […]

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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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