The Collision Of Section 337 And US Bankruptcy Laws

Law360, New York (April 29, 2010, 12:34 PM EDT) -- Given the recent economic downturn, corporate bankruptcies have become more frequent. A pending bankruptcy proceeding has implications for litigants — both debtors and those involved in cases with debtors as parties. Policy considerations can trump the interests of private litigants. However, the policy considerations at issue in Section 337 proceedings, including the right to a speedy decision, may not align neatly with the policies in play in bankruptcy proceedings. Discussed below is the seeming conflict that has developed.

The conflict between the Bankruptcy Code and the...
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