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Sixth Circuit Archives - DelCotto Law Group

Sixth Circuit BAP on Chapter 12

March 14, 2018
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By: Dean Langdon

Farming is tough, and family farmers are dealing with several years of low prices and weather-related issues. As we head into planting season, family farmers should be aware that Chapter 12 may help them reorganize and have a brighter future.

On March 13th, the […]

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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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Equitable Subordination and Recharacterization

October 13, 2015
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The doctrine of equitable subordination is based upon principles of equity, and allows a court to subordinate the claim of one creditor to the claims of other creditors. Section 510(c) of the Bankruptcy Code addresses equitable subordination of claims filed in bankruptcy cases. Subsection (c)(1) states […]

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