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Section 363 Chapter 13

Williams Mullen

Mere Retention of Property Does Not Violate Automatic Stay

Williams Mullen on

Reversing a Seventh Circuit decision and resolving a circuit split, the U.S. Supreme Court recently held “that mere retention of property does not violate the [automatic stay imposed by] section 362(a)(3) of the Bankruptcy...more

Allen Matkins

Court Rules Bankruptcy Code Does Not Preempt California Buy-Out Statute

Allen Matkins on

A few weeks ago, I wrote about Judge Troy L. Nunley's holding that the limitations on distributions in Chapter 5 of the General Corporation Law do not apply to a corporation's repurchase of shares pursuant to Section 2000 of...more

Foster Garvey PC

Maritime Liens and the Automatic Stay: Impact of the Ninth Circuit’s Barnes Decision

Foster Garvey PC on

Can a Bankruptcy Court order the sale of a vessel “free and clear” of a seaman’s maritime lien for maintenance and cure under Bankruptcy Code § 363? According to the Ninth Circuit’s recent ruling in Barnes v. Sea Hawaii...more

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