Mississippi Court Joins Majority of Courts Finding that Setoff Rights Survive Plan Confirmation

Setoff is a right that allows a creditor to offset a prepetition debt owed to a debtor with its prepetition claim against the debtor.  See In re Luongo, 259 F.3d 323, 334 (5th Cir. 2001).  This remedy is aimed at preventing the inequitable and inefficient result that occurs when a creditor is forced to pay […]

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Texas Bankruptcy Court Invalidates Foreclosure Sale Based on Technicality?

In In re AMRCO, Inc., Case No. 13-11086 (Bankr. W.D. Tex. July 26, 2013), the Bankruptcy Court for the Western District of Texas recently invalidated a pre-bankruptcy foreclosure sale that concluded minutes before a chapter 11 petition was filed, based on the Deed of Trust‘s Trustee’s failure to strictly comply with the foreclosure requirements under the […]

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Patriot Coal Seeks Bankruptcy Court OK to Continue Litigation

Patriot Coal is seeking bankruptcy court permission to proceed with breach-of-contract suits the company has filed against two customers who allegedly declined to take recent coal shipments. The suits are not subject to the automatic stay initiated by the bankruptcy proceedings, Patriot argues, but objections to the motion can be filed until Aug. 2. A hearing […]

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Fifth Circuit Upholds Regulatory Powers Exception to the Automatic Stay

Citation:  Halo Wireless, Inc. v. Alenco Communications Inc. (In re Halo Wireless, Inc.), Case No. 12-40122 (5th Cir. June 18, 2012) Facts: Halo Wireless, Inc. was a small telecommunications company that provides wireless phone and data service to its customers pursuant to a license from the Federal Communications Commission (“FCC”). Starting in May 2011, private telephone […]

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