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ABI Journal

548

Topics

Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue

Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?

Bankruptcy Code
Topics

Earmarking Requires Dominion/Control and No Diminution of the Estate, Circuit Says

Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.