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11th Circuit Approves of Third-Party Releases Despite Debtor's Failure to Comply with Strict Notice Requirements of Bankruptcy Rules | Nelson Mullins Riley & Scarborough LLP

Overview - Although a discharge might not release third parties and protects only the debtor against a determination of personal liability, in In re Le Ctr. on Fourth,...
United States Willie Jackson Suvicmon Development Inc United States District Court United States Bankruptcy Court Nelson Mullins Riley Scarborough

11th Circuit Process Rights Not Violated Despite Bankruptcy Rules

Eleventh Circuit found that due process rights were not violated where the debtor provided actual notice of the third-party releases to its creditors despite failing to comply with the specific procedural requirements prescribed by the Bankruptcy Rules.
United States Willie Jackson Suvicmon Development Inc United States District Court Le Centre On Fourth United States Bankruptcy Court

Appeals Court Rules That a Discharge Injunction Bars a Fraudulent Transfer Claim Based on a Non-Dischargeable Debt | Patterson Belknap Webb & Tyler LLP

To embed, copy and paste the code into your website or blog: A discharge of debt in bankruptcy “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor. . . .”  11 U.S.C. § 524(a)(2).  Certain debts, however, including debts “for violation of . . . any of the State securities laws,” are not subject to discharge.  See 11 U.S.C. § 523(a)(19...
United States Charlesm Morrison United States Court Suvicmon Development Inc Patterson Belknap Webb Tyler Patterson Belknap Webb

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