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Michael Barrie on Muck Rack

Michael Barrie

As seen in: Medium, HuffPost, The BMJ, Routledge, Forward, JD Supra, Splitsider, Mondaq, Saturday Evening Post Magazine, Investment Week and
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Articles

Third Circuit Decision Reshapes Creditor Standing In Successor Liability Disputes

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By Michael Barrie, Kevin Capuzzi, Juan Martinez, Juan Martínez Verified
| Mondaq
Michael J.
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Third Circuit Decision Reshapes Creditor Standing In Successor Liability Disputes

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By Michael Barrie, Kevin Capuzzi
| JD Supra
The Third Circuit recently held that when determining whether a successor liability claim belongs to a bankruptcy estate, the key question is whether the claim seeks to remedy harm suffered by all creditors collectively or a unique injury suffered by a specific creditor. The fact that creditors may be permitted to bring the claim outside of bankruptcy is not, by itself, determinative.
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Supreme Court Clarifies Judicial Estoppel Standard In Bankruptcy Nondisclosure Cases

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By Michael Barrie, Kevin Capuzzi
| JD Supra
Key Takeaways The U.S. Supreme Court rejected a rigid rule that often blocked debtors from pursuing claims they failed to disclose in bankruptcy. Courts must now look at the full circumstances before deciding whether an omission was intentional or an honest mistake. The decision may affect creditors, debtors and defendants in litigation based on claims not previously disclosed to the bankruptcy court.
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