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Enforcement Actions Bankruptcy Code

Kramer Levin Naftalis & Frankel LLP

Northern District of Texas Bankruptcy Court Dismisses NRA Bankruptcy Cases

The Northern District of Texas Bankruptcy Court in In re National Rifle Association of America and Sea Girt LLC, Case No. 21-30085 (Bankr. N.D. Tex. May 11, 2021), ECF No. 740, dismissed the National Rifle Association...more

Ward and Smith, P.A.

Their Aim Wasn't True – The NRA and Bad Faith Bankruptcy Filings

Ward and Smith, P.A. on

Bankruptcy offers a temporary sanctuary for parties seeking relief from a variety of problems – financial crisis, lawsuits, collection actions, repossessions, foreclosure, and pandemics. Filing bankruptcy before a money...more

Dickinson Wright

The Bankruptcy Code’s Automatic Stay Is Not So Automatic for DOL Wage and Hour FLSA Enforcement Actions

Dickinson Wright on

The U.S. Bankruptcy Code (the “Code”) § 11 U.S.C. § 362(a)(1) provides that when a party files for bankruptcy, an automatic stay is triggered. However, it turns out that there are limitations to the type of cases that these...more

Dechert LLP

Fresh Air and Fresh Start: Are Environmental Regulatory Penalties Dischargeable?

Dechert LLP on

Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more

Patterson Belknap Webb & Tyler LLP

Puerto Rico’s Restructuring: A Brief Update #2

When we last checked in on the Puerto Rico restructuring case, we reported on the February 15 decision of the First Circuit Court of Appeals that the members of the Financial Oversight and Management Board were appointed in...more

Fox Rothschild LLP

Northern District Of Texas Holds EEOC Title VII Enforcement Action Falls Within Exception To The Automatic Stay

Fox Rothschild LLP on

In a recent opinion, the U.S. District Court for the Northern District of Texas held that an Equal Employment Opportunity Commission (“EEOC”) action brought against an employer for alleged violations of Title VII of the Civil...more

Seyfarth Shaw LLP

Federal Court Rules That An EEOC Lawsuit Is Not Barred By Bankruptcy Code’s Automatic Stay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The government’s anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy. ...more

Orrick, Herrington & Sutcliffe LLP

PRIVACY POLICIES AND THE SALE OF CORPORATE ASSETS: It pays to plan ahead to preserve the value of your data assets

Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset. Unfortunately,...more

Tucker Arensberg, P.C.

Creditors Beware! Give the Trustee Time To Breathe Or Risk Violating The Automatic Stay

Tucker Arensberg, P.C. on

The Bankruptcy Code’s (the “Code”) automatic stay applies to all companies and individuals; it protects the debtor’s property, and the bankruptcy court’s jurisdiction, by barring any act to gain possession of property in the...more

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