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Bankruptcy Law

[04/20] Mastan v. Salamon
In a Chapter 11 case, the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's order disallowing a claim is affirmed where under 11 U.S.C. section 1111(b), those who hold non-recourse liens on real property are granted recourse against the bankruptcy estate upon the filing of the bankruptcy petition.

[04/20] In re Tronox Inc.
In an appeal of a district court order enforcing a permanent anti?suit injunction issued after a bankruptcy settlement, involving the toxic tort claims of than 4,300 individuals who allege significant injuries from the operation of a wood?treatment plant in Avoca, Pennsylvania between 1956 and 1996, the appeal is dismissed for lack of jurisdiction where the claims are barred by the injunction because they are generalized 'derivative' claims that fall within the property of the bankruptcy estate.

[04/20] Porter v. Nabors Drilling USA, L.P.
In a lawsuit asserting a claim under California's Private Attorney General Act of 2004 (PAGA), the court grants defendant's motion to recognize an automatic stay, triggered by its filing for reorganization under Chapter 11 of the Bankruptcy Code, where the exception to an automatic stay established in 11 U.S.C section 362(b)(4), described as the governmental regulatory or governmental unit exception, did not apply to a claim brought by a private party under PAGA.

[04/20] Privitera v. Curran
In a Chapter 7 liquidation proceeding involving a creditor-plaintiff's attempt to avail herself of two exemptions from debt discharge, the bankruptcy court's denial of plaintiff's motion for leave to amend the complaint is affirmed where an adequate basis existed for the bankruptcy court's denial of the plaintiff's motion to amend: the new claim, like the old claim, would have been futile.

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The Law Office of Mark A. Skelton founded and sponsors a series of trail and road running events in East Tennessee called the Skelton Law Racing Series. Attorney Mark Skelton also serves as the race director for all the races.

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