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SDNY Bankruptcy Court Holds That Time-of-Filing Applies to Equitable Jurisdiction

mhalderman January 30, 2019January 31, 2019 Bankruptcy, Creditors Rights

Creditor’s Subsequent  Withdrawal of  Claim Did Not Deprive Court of Equitable Jurisdiction  to Hear Avoidance Adversary     Myles Alderman & Eric Gruber – January, 2019 This is yet another case in the long history of litigation related to the trail of…

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Plan Violated Absolute Priority Rule by Giving Debtor’s Equity Holder Exclusive Opportunity

mhalderman April 23, 2013January 11, 2016 Bankruptcy, Creditors Rights

In a case in the Eastern District of Michigan a debtor proposed a Chapter 11 plan that purported to give the debtor’s equity holder a 100% interest in the reorganized debtor in exchange for waiving his prepetition claim for $1.35…

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