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ABI Journal

2nd Circuit

Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable

Tronox spans more law, this time on finality regarding injunctions.

2nd Circuit

Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings

Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.

2nd Circuit

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit
New York
New York Southern District

New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination

Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).

2nd Circuit
New York
New York Eastern District

Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties

Lower courts are tending to disagree with two circuits on Section 1322(b)(2).

2nd Circuit
New York
New York Eastern District

Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts

Pipeline companies strike out again in New York on Texas law question.

2nd Circuit
New York
New York Southern District

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit
New York
New York Southern District

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

2nd Circuit
New York
New York Eastern District

Judge Punts on How the Rule of Explicitness Survived Adoption of the Code

Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.

2nd Circuit
New York
New York Southern District

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

2nd Circuit
New York
New York Southern District
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