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Sixth Circuit Archives - DelCotto Law Group

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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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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Bad Faith in the Sixth Circuit: A Totality of the Circumstances Approach

Bad Faith in the Sixth Circuit: A Totality of the Circumstances Approach

February 3, 2015
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Bad Faith in the Sixth Circuit

by: Jamie L. Harris
Generally, there is a presumption that debtors file petitions for reorganization in good faith. See In re Petralex Stainless, Ltd., 78 B.R. 738, 743 (Bankr.E.D.Pa.1987) ( citing U.S. Fidelity […]

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