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law Archives - DelCotto Law Group

LLC’s, Creditors and Authority to File Bankruptcy

November 20, 2017
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Limited liability companies (LLC’s) are the entity of choice these days for small, medium and even huge (think General Motors) businesses.  Laws governing the operation of LLC’s vary from state to state, but tend to offer owners greater flexibility and control than for other entities. LLC […]

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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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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, 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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