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Validity, Construction, and Application of 18 U.S.C.A. § 152(2), Prohibiting Knowingly and Fraudulently Making False Oath or Account in or in Relation to Any Bankruptcy Case

Validity, Construction, and Application of 18 U.S.C.A. § 152(2), Prohibiting Knowingly and Fraudulently Making False Oath or Account in or in Relation to Any Bankruptcy Case American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 90 A.L.R. Fed. 2d 333 (Originally published in 2014) Title 18 U.S.C.A. § 152(2) prohibits the one from knowingly and fraudulently making a false oath or account in or relation to a bankruptcy proceeding. This annotation collects and discusses all cases in which courts have considered the construction or application of 18 U.S.C.A. § 152(2) prohibiting one from knowingly and fraudulently making a false…

Common-Law Fraud, Deceit, or Manipulation in Connection with Purchase or Sale of Securities Under 11 U.S.C.A. § 523(a)(19)

Exception to Discharge in Bankruptcy for Debts Arising Out of Violation of Securities Laws or Common-Law Fraud, Deceit, or Manipulation in Connection with Purchase or Sale of Securities Under 11 U.S.C.A. § 523(a)(19) American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 91 A.L.R. Fed. 2d 505 (Originally published in 2015) Section 523(a)(19) of the Bankruptcy Code exempts from discharge all debts that arise from a violation of federal or state securities laws or fraud in connection with the sale of the securities that result in a judgment, order, or settlement agreement.

Construction and Application of 18 U.S.C.A. § 152(4), Prohibiting Knowing and Fraudulent Presentment of False Claim for Proof Against Bankruptcy Estate

Construction and Application of 18 U.S.C.A. § 152(4), Prohibiting Knowing and Fraudulent Presentment of False Claim for Proof Against Bankruptcy Estate American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 92 A.L.R. Fed. 2d 559 (Originally published in 2015) This annotation collects and discusses the cases in which the courts have considered the construction and application of 18 U.S.C.A. § 152(4), also known as the false claims statute, which prohibits the knowing and fraudulent presentment of a false claim for proof against a bankruptcy estate.

Construction and Application of 11 U.S.C.A. § 511(a) Providing for Rate of Interest on Tax Claim

Construction and Application of 11 U.S.C.A. § 511(a) Providing for Rate of Interest on Tax Claim American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 93 A.L.R. Fed. 2d 151 (Originally published in 2015) Under § 511(a) of the Bankruptcy Code, a creditor that is a holder of a tax claim is entitled to payment of interest on the tax claim at a rate determined under applicable nonbankruptcy law. This annotation collects and analyzes the state and federal cases which have construed or applied 11 U.S.C.A. § 511(a).

Construction and Application of 11 U.S.C.A. § 1112(b)(4)(A), Providing for “Reasonable Likelihood of Rehabilitation” that Chapter 11 Debtor Must Have in Order for Substantial or Continuing Losses to Estate Not to Provide “Cause” for Dismissal or Conversion of Case

Construction and Application of 11 U.S.C.A. § 1112(b)(4)(A), Providing for “Reasonable Likelihood of Rehabilitation” that Chapter 11 Debtor Must Have in Order for Substantial or Continuing Losses to Estate Not to Provide “Cause” for Dismissal or Conversion of Case A bankruptcy court considering whether to convert or dismiss a Chapter 11 case under 11 U.S.C.A. § 1112(b)(4)(A) must consider not only whether there is a substantial or continuing loss to or diminution of the bankruptcy estate but also whether there is the absence of a reasonable likelihood of “rehabilitation,” a term which refers to a likelihood of the success of the plan as amended.

Construction and Application of Phrase “With Respect to the Debtor” of Bankruptcy Code, 11 U.S.C.A. § 362(c)(3)(A), Terminating Automatic Stay of Execution for Debtors Commencing Second Bankruptcy

Construction and Application of Phrase “With Respect to the Debtor” of Bankruptcy Code, 11 U.S.C.A. § 362(c)(3)(A), Terminating Automatic Stay of Execution for Debtors Commencing Second Bankruptcy Where the interval between the dismissal of a debtor’s bankruptcy case and the debtor’s filing of a successive case is less than one year, 11 U.S.C.A. § 362(c)(3)(A) provides that the automatic stay shall terminate “with respect to the debtor” on the 30th day after the filing of the later case.

Construction and Application of 28 U.S.C.A. § 1412 Allowing Transfer of Bankruptcy Case or Proceeding in Interest of Justice or for Convenience of Parties

Construction and Application of 28 U.S.C.A. § 1412 Allowing Transfer of Bankruptcy Case or Proceeding in Interest of Justice or for Convenience of Parties A litigant may seek to have the bankruptcy case itself or a proceeding under the Bankruptcy Code (Title 11) transferred to another forum in the interest of justice or for the convenience of the parties, pursuant to 28 U.S.C.A. § 1412. This article collects and analyzes all cases discussing the construction and application of § 1412.

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