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Editor’s Note: The following article, “Credit Default Swaps and Plan Confirmation,” won the prize for second place in the First Annual ABI Bankruptcy Law Student Writing Competition.
The Bankruptcy Code allows judges to impose civil sanctions. A number of recent decisions have addressed (1) when civil sanctions are authorized, (2) who has standing to seek civil sanctions and (3) the applicable burden of proof. These decisions have created contrasting rules of law among districts.
Bankruptcy courts are not immune to electronic discovery disputes. Professionals serving clients involved in bankruptcy litigation would be well-advised to understand the legal and practical implications that the preservation, collection, analysis and production of electronically stored information (ESI) has on the discovery process.
An unusual joint hearing held by the U.S. Bankruptcy Court for the District of Las Vegas involving 27 separate cases could have a great impact on the ability to enforce mortgages in the United States.
The U.S. Bankruptcy Court for the Eastern District of Virginia with In re Loy, No. 07-51040, 2008 WL 906503 (Bankr. E.D. Va. April 3, 2008) raises new procedural issues under chapter 15. The foreign representative in that case sought to sell a piece of the debtor's real property in Virginia free and clear of all liens, claims and encumbrances.
Constructive trusts are creations of state law. However, some bankruptcy courts have exercised their equitable powers to impose constructive trusts on estate assets. Other bankruptcy courts have concluded that the notion of constructive trusts is at odds with the goals of the Bankruptcy Code.
ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions. These new positions are a result of your feedback regarding opportunities for involvement and advancement in the association. The first position is that of the Education Director, who will assist the chairs in coordinating and administering
On Dec. 1, 2007, various amendments (the amendments) to the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) became effective, including the creation of several new rules.
