A review of current cases and developing trends considering the efficacy of section 362 automatic stay waivers in commercial mortgages, ... or "What do you have to lose?"

Article Abstract:

People entering into commercial mortgages often are given contracts that waive their rights under Bankruptcy Code section 362 to automatic stay in case of bankruptcy. Such waivers are contested in courts, but attorneys for secured parties can use principles from In re Jenkins Court Associates L.P. to underscore the rights to waive automatic stays. Bankruptcy Code section 362 allows automatic stay of debt payment once bankruptcy proceedings have been initiated.

Mortgages, Laws, regulations and rules, Waiver (Civil procedure), Stays of execution, proceedings, etc., Stays (Law)

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Section 365 in the consumer context: something old, something new, something borrowed, something blue

Article Abstract:

The authors discuss the law and application of section 365 of the Bankruptcy Code, which concerns executory contracts and unexpired leases, in situations involving consumer debt. The interaction between that section and Chapter 13 is explored.

Contracts, Future interests

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Attorney-client privilege in individual bankruptcy cases ... an emerging oxymoron?

Article Abstract:

A survey of cases, detailing the erosion of the attorney-client privilege in bankruptcy, are presented and discussed.

Practice, Confidential communications, Attorney-client privilege

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