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Hon. Ralph R. Mabey on In re Excel Innovations

The courts of appeals do not agree on the standard for issuing an injunction to stay litigation against a nondebtor party. Many lower courts have followed the lead of the Fourth Circuit in granting a section 105 injunction against litigation that interferes with the reorganization of the deb

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Mark Broude and George Royle V on Al Perry Enterprises, Inc.

The scope of Code section 363(f) remains unclear thirty years after its enactment. The section authorizes a trustee to sell estate assets “free and clear of any interest in such property,” but courts do not agree on whether “interests” includes non-in rem interests, such

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