Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted
The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.
Court:
Mass Torts: Beyond the Headlines
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Section 105(a) Doesn’t Give Rise to a Private Right of Action for Abuse of Process
With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.
From Johns-Manville to LTL (and Beyond?): Do Mass-Tort Bankruptcies Have a Future — and Should They?
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Top Issues for Public Company Bankruptcies
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