July 7 - Members and Subscribers - Welcome to the new and improved abi.org! - If you have not already done so, please reset your ABI password to access the site. Click "Login" and then "Forgot Password"
Courts split on whether failure to redeem on time is fatal in a reorganization.
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11.
Small case is making big Third Circuit law on confirmation of chapter 11 plans.
Courts use four approaches to harmonize Butner with Segal v. Rochelle.
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
State law overrides ‘significant policy concerns’ in Supreme Court decision.
Courts split on whether failure to redeem on time is fatal in reorganization.
Aggregation was not permitted to surmount the $6,225 minimum for preferences.
Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.