In July 2008, bankruptcy courts across the US prepared themselves for a busy season. As many as 5,664 companies sought to liquidate or restructure that month alone, a 57% increase from the prior year. This Note looks behind the shield of D&O insurance and examines its treatment under the Bankruptcy Code. Part I provides an overview of the duties of directors and officers of a corporation, as well as the protections they receive under the business judgment rule and indemnification contracts. Part II explains the three different "sides" of D&O insurance policies. Part III discusses basic bankruptcy concepts including directors' and officers' duties in bankruptcy, automatic stay, and property of the estate provisions of the Code, as well as the treatment of contracts in bankruptcy....
...Automatic Stay. Section 362(a) of the Code furthers the abovementioned goa...
... an order of the United States Bankruptcy Court for the Southern District of New York (Be...applied to stay certain suits against Pfizer Inc., Quigley's pa...§§ 105(a) and 362(a), enjoining "all parties . . . from taking an... of § 524(g)(4)(A)(ii) of the Bankruptcy Code. Section 524(g) authorizes bankruptcy courts in... interest from seeking relief from the automatic stay of section 362(a) of the Bankruptcy Code o...
..., his or her spouse) has filed for bankruptcy under title 11 of the United States Code; or. (2) ... at the time of the referral that the automatic stay under section 362 of the Bankruptcy Code has ...
..., his or her spouse) has filed for bankruptcy under title 11 of the United States Code; or. (2) ... at the time of the referral that the automatic stay under section 362 of the Bankruptcy Code has ...
...Section 101, an estate is created pursuant to Section 541 of the Bankruptcy Code. All estate property is thereafter subject to... of individual creditors pursuant to the automatic stay imposed by Section 362 of the Bankruptcy Code...
...(a) In general. Section 7430(b)(1) provides that a court shall not award r... involving willful violations of the automatic stay under section 362 or the discharge provisionss under section 524 of the Bankruptcy Code(1) Section 7433 claims. A party has not exhau...
...GINA ANASTI LEE, on behalf of the bankruptcy estate,. Plaintiff - Appellant,. ..., James Anasti ("Anasti"), relief from the stay imposed by 11U.S.C. § 362. In the 626...§ 362(d)(1) to lift the automatic stay to permit the state appeals process to contin... decision to lift the automatic stay under section 362 of the Code is within the discretion of the ba...
...GINA ANASTI LEE, on behalf of the bankruptcy estate,. Plaintiff - Appellant,. ..., James Anasti ("Anasti"), relief from the stay imposed by 11U.S.C. § 362. In the 626...§ 362(d)(1) to lift the automatic stay to permit the state appeals process to contin... decision to lift the automatic stay under section 362 of the Code is within the discretion of the ba...
...GINA ANASTI LEE, on behalf of the bankruptcy estate,. Plaintiff - Appellant,. ..., James Anasti ("Anasti"), relief from the stay imposed by 11U.S.C. § 362. In the 626...§ 362(d)(1) to lift the automatic stay to permit the state appeals process to contin... decision to lift the automatic stay under section 362 of the Code is within the discretion of the ba...
...GINA ANASTI LEE, on behalf of the bankruptcy estate,. Plaintiff - Appellant,. ..., James Anasti ("Anasti"), relief from the stay imposed by 11U.S.C. § 362. In the 626...§ 362(d)(1) to lift the automatic stay to permit the state appeals process to contin... decision to lift the automatic stay under section 362 of the Code is within the discretion of the ba...
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