Bankruptcy Actions definition

Bankruptcy Actions means any claim or cause of action arising under the Bankruptcy Code including, without limitation, claims or causes of action arising under Sections 544, 547, 548, 549 and 553 of the Bankruptcy Code and equivalent or analogous state law actions.
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Bankruptcy Actions means actions and causes of action (and the proceeds thereof), whether or not commenced as of the date hereof, arising under the Bankruptcy Code, including, without limitation, ss.ss.544, 547, 548 and 549 thereof, but, in each case, excluding all claims, causes of action or other rights specifically released pursuant to this Plan or the Confirmation Order, which non-released claims shall be prosecuted on behalf of the Debtor for the benefit of creditors of the Case.
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Bankruptcy Actions has the meaning ascribed thereto in Section 11.4.
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Examples of Bankruptcy Actions in a sentence

  • Sellers are in compliance in all material respects with their covenants and agreements under the Stalking Horse APA to the extent required to be performed prior to the date hereof, including under Sections 5.3 (Bankruptcy Actions), 5.4 (Conduct of Business) and 5.5 of the Stalking Horse APA.

  • Voluntary or Involuntary Bankruptcy Actions, including Chapter XIII proceedings.

  • Section 5.1. U.S. Bankruptcy Actions 23 Section 5.2. Canadian Bankruptcy Actions 24 Section 5.3. Consultation; Notification 24 Section 5.4. Pre-Closing Cooperation 25 Section 5.5. Public Announcements 25 Section 5.6. Post-Closing Cooperation 26 Section 5.7. Conduct of Business 26 Section 5.8. Transaction Expenses.

  • The court's only findings were in its written order, which it appears the trustee's counsel had prepared in advance of the hearing.1 The order stated, without explanation or elaboration, that "Salem has unreasonably and vexatiously multiplied proceedings" by filing the District Court and Bankruptcy Actions and failing to dismiss the District Court Action.

  • David Naidu et al., Key Environmental Liability Considerations in Bankruptcy Actions, N.J. LAW., Oct.

  • Transfer will permit efficient coordination between this action, the State Court Actions, Thomason's proof of claim, and the Bankruptcy Actions, since all of these related actions would be pending post-transfer in the same District.

  • Moreover, any residual interest of New Jersey is counter-balanced by California's weightier interest in providing a forum for California companies (including Thomason) allegedly victimized by New Jersey-incorporated businesses doing business in California, and its interest in achieving a comprehensive, coordinated resolution of all related proceedings impacting the Bankruptcy Actions in that State.

  • Conflicting rulings of fact and law on these already-decided issues would adversely impact the administration of the Bankruptcy Actions.In particular, in the ZXNA Bankruptcy Action, Thomason joined in a motion to dismiss the Bankruptcy Actions or, alternatively, to transfer them to New Jersey.

  • This case is one related to the Bankruptcy Actions because it asserts "causes of action owned by the debtor which become property of the estate pursuant to 11 U.S.C. § 541." Celotex, 514 U.S. at 308 n.5. Section 541(a) of the Bankruptcy Code provides that the filing of a bankruptcy "creates an estate" which "is comprised of all legal orequitable interests of the debtor in property at the commencement of the case." "The scope of [§ 541(a)] is broad.

  • The negligence and misrepresentation theories also allege actions and omissions which arise from the parties' interrelationships with the debtor.The RICO claims in this action cannot be prosecuted without directly challenging the Debtors' structure, purpose and operations; accordingly, the RICO claims are related to the Debtors' Bankruptcy Actions.


More Definitions of Bankruptcy Actions

Bankruptcy Actions means and avoidance or recovery action and cause of action (and the proceeds thereof), whether or not commenced as of the date hereof, arising under the Bankruptcy Code, including, without limitation, sections 544, 545, 547, 548, 549, 550, 551 and 553 thereof.
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Related to Bankruptcy Actions

  • Bankruptcy Action shall have the meaning assigned to such term in Section 4.5(a).

  • Bankruptcy Act means the Bankruptcy Act or Title 11 of the United States Code.

  • Bankruptcy Proceedings has the meaning set forth in clause (b) of paragraph 9 hereof.

  • Bankruptcy Proceeding means any case, action or proceeding before any court or other Governmental Authority relating to any Bankruptcy Event.

  • Danish Bankruptcy Act means the Danish Bankruptcy Act (Consolidated Act No. 11 of 6 January 2014, as amended);

  • Bankruptcy Party has the meaning assigned in Section 9.7.

  • Bankruptcy Amount As of any date of determination prior to the first anniversary of the Cut-off Date, an amount equal to the excess, if any, of (A) $100,000 over (B) the aggregate amount of Bankruptcy Losses allocated solely to one or more specific Classes of Certificates in accordance with Section 4.05

  • winding-up proceedings means collective proceedings involving realisation of the assets and distribution of the proceeds among the creditors, shareholders or members as appropriate, which involve any intervention by administrative or judicial authorities, including where the collective proceedings are terminated by a composition or other analogous measure, whether or not they are founded on insolvency or are voluntary or compulsory;

  • Federal Bankruptcy Act means the Bankruptcy Act or Title 11 of the United States Code.

  • Bankruptcy Order means any court order made in a proceeding pursuant to or within the meaning of any Bankruptcy Law, containing an adjudication of bankruptcy or insolvency, or providing for liquidation, receivership, winding-up, dissolution, "concordate" or reorganization, or appointing a Custodian of a debtor or of all or any substantial part of a debtor's property, or providing for the staying, arrangement, adjustment or composition of indebtedness or other relief of a debtor.

  • Insolvency Proceedings means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of reorganisation or liquidation;

  • Agency action Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: - Order the employer to take affirmative action to xxxxx the reprisal. - Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. - Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction.

  • Insolvency Act means the Insolvency Xxx 0000;

  • Insolvency or Liquidation Proceeding means, with respect to any Person, any liquidation, dissolution or winding up of such Person, or any bankruptcy, reorganization, insolvency, receivership or similar proceeding with respect to such Person, whether voluntary or involuntary.

  • Bankruptcy Laws has the meaning specified in Section 10.9.

  • Emergency Action means any emergency action for locational or system-wide capacity shortages that either utilizes pre-emergency mandatory load management reductions or other emergency capacity, or initiates a more severe action including, but not limited to, a Voltage Reduction Warning, Voltage Reduction Action, Manual Load Dump Warning, or Manual Load Dump Action.

  • Chapter 11 Case has the meaning set forth in the Recitals.

  • Bankruptcy Exceptions means limitations on, or exceptions to, the enforceability of an agreement against a Person due to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or the application of general equitable principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

  • Emergency Action Plan means the plan referred to in Section I.G of Schedule 2 to this Agreement, detailing the activities, budget, implementation plan, and monitoring and evaluation arrangements, to respond to the Eligible Crisis or Emergency.

  • Receivership court means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the member insurer.

  • Bankruptcy Exception means, in respect of any agreement, contract, commitment or obligation, any limitation thereon imposed by any bankruptcy, insolvency, fraudulent conveyance, reorganization, receivership, moratorium or similar Law affecting creditors’ rights and remedies generally and, with respect to the enforceability of any agreement, contract, commitment or obligation, by general principles of equity, including principles of commercial reasonableness, good faith and fair dealing, regardless of whether enforcement is sought in a proceeding at Law or in equity.

  • Bankruptcy Loss With respect to any Mortgage Loan, a Deficient Valuation or Debt Service Reduction; provided, however, that a Bankruptcy Loss shall not be deemed a Bankruptcy Loss hereunder so long as the Master Servicer has notified the Trustee in writing that the Master Servicer is diligently pursuing any remedies that may exist in connection with the related Mortgage Loan and either (A) the related Mortgage Loan is not in default with regard to payments due thereunder or (B) delinquent payments of principal and interest under the related Mortgage Loan and any related escrow payments in respect of such Mortgage Loan are being advanced on a current basis by the Master Servicer, in either case without giving effect to any Debt Service Reduction or Deficient Valuation.

  • CCAA means the Companies’ Creditors Arrangement Act (Canada).

  • Bankruptcy Case has the meaning assigned to such term in Section 2.05(b).

  • Adjudicatory proceeding means a contested case, a proceeding that may culminate in a contested case, a petition for declaratory order, a petition for expedited resolution of a negotiability dispute, or any other proceeding which may require the board or its designee to issue a decision, order, or ruling.

  • Insolvency Laws The Bankruptcy Code and all other applicable liquidation, conservatorship, bankruptcy, moratorium, rearrangement, receivership, insolvency, reorganization, suspension of payments, or similar debtor relief laws from time to time in effect affecting the rights of creditors generally.