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COMPLIANCE WITH OFFICIAL BANKRUPTCY FORM 105 SATISFIES ASHCROFT V. IQBAL

Section 11 of Official Bankruptcy Form 105, Involuntary Petition Against an Individual, provides: Allegation- Each petitioner is eligible to file this petition under 11 U.S.C. § 303(b). The debtor may be the...more

Payment To Stalking Horse Permissible When Sale Price Less Than Stalking Horse Bid

In an issue of first impression, in In re Energy Future Holdings Corp., 2021 U.S. App. LEXIS 7400 (3d Cir. Mar. 15, 2021), the Third Circuit addressed the question whether an initial bidder whose break-up fee was disallowed...more

Bankruptcy Court Grants Motion To Dismiss Based Upon Affirmative Defense

When deciding a motion to dismiss a complaint pursuant to Federal R. Bankr. 7008, which incorporates Rule 12(b)(6), a court must accept all factual allegations in the complaint as true and construe all inferences from those...more

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