Bankruptcy Law News and Insights

As the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit.1 Bankruptcy courts have historically prevented cannabis - and even cannabis-ancillary companies - from filing for protection under the United States Bankruptcy...

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In a recent decision, Judge David Novak of the US District Court for the Eastern District of Virginia vacated the Chapter 11 plan confirmation order entered by the bankruptcy court in the Mahwah Bergen Retail Group (formerly known as Ascena Retail Group) case, holding that the plan's non-consensual third-party releases...

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Subsection (15) of Section 523(a) was added to the Bankruptcy Code in the Bankruptcy Reform Act of 1994 to expand the Section 523(a)(5) exception to discharge for marital debts. Section 523(a)(15) provides that an individual is not discharged from any debt: (15) to a spouse, former spouse, or child of the...

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