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ABI Journal

362

How to Successfully Litigate a Relief-from-Stay Motion

Bankruptcy Code

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Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

Writs of Certiorari: Pros and Cons

Bankruptcy Code

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CFPB Suit in District Court Immune from Transfer to Bankruptcy Court

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

Rejecting a Contract Precludes a Suit for Post-Petition Breach

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.