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Corporate Bankruptcy by William J. Donoher

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CHAPTER 3

The Estate

Claims, Priorities, and Interests in Property

Having filed a bankruptcy petition, the debtor’s property becomes the central focus of the proceedings. As we discussed above, the date of the petition establishes a demarcation point between pre-petition and post-petition events and interests. This means that there are two issues with which to be concerned: First, the identity of the parties and the nature of their interests in the pre-petition property of the debtor, and second, the post-petition maintenance, use, and disposition of the property. Figure 1.1 provides a schematic overview of the relationship between the automatic stay and the property issues discussed in this chapter. Note that upon filing, both the automatic ...

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