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    Commercial restructuring & bankruptcy alert - Vol. VII, No. 4 (December 2011)

    19 December 2011

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    ‘Indubitable equivalence’ not proven in proposal to effect partial conveyance of property in full satisfaction of claim

    19 December 2011

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    Secured creditors need not file a proof of claim to lift the automatic stay to proceed with a foreclosure action

    19 December 2011

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    Court denies lender’s motion to dismiss Section 547 preference action seeking to avoid valid foreclosure sale

    19 December 2011

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    Are you waiving your right to a deficiency claim if you list your claim as fully secured on the proof of claim?

    19 December 2011

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    Actual conflict of interest required to disqualify legal counsel under Section 327

    19 December 2011

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    Cross-affiliate netting provision in ISDA swap agreement is not enforceable against the debtor

    19 December 2011

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    Court finds defendants knowingly waived right to jury trial, affirms such waivers must be clear

    19 December 2011

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    Strict compliance with Section 524(c) required to uphold reaffirmation contract

    19 December 2011

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    Court finds material questions of fact regarding breach of fiduciary duties and deepening insolvency

    19 December 2011

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