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ABI Journal

Alternative Dispute Resolution

Benchnotes June 2018

June 2018

Bankruptcy Code
11 U.S.C. § 365
11 U.S.C. § 548
524
547
707
1112
1141
541
Topic Tags
Administrative Expense Claims
Alternative Dispute Resolution
Automatic Stay
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability
“Fresh Start” Principles Defeat Mandatory Arbitration Clause

June 2018

Bankruptcy Code
524
Topic Tags
Alternative Dispute Resolution
Bankruptcy Litigation
Consumer Bankruptcy
Discharge/Dischargeability
Commercial Fraud
Finance and Banking
Topics
Alternative Dispute Resolution

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.

2nd Circuit
Maximizing Mediation Success: Going Beyond the Requirements of the Model Standards

April 2018

Topic Tags
Alternative Dispute Resolution

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

9th Circuit
California
California Central District
"Wilson! Wilson!": The Lost Art of Disagreement, or Don't Be a Castaway

Feb 2018

Topic Tags
Alternative Dispute Resolution
Bankruptcy Litigation
Valuation
Bankruptcy Code
363
Topics
Alternative Dispute Resolution
Business Reorganization
The Role of Resolution in Resiliency

Feb 2018

Topic Tags
Alternative Dispute Resolution
Business Reorganization
The Continuing Value of the Joint Session in Mediation

Nov 2017

Topic Tags
Alternative Dispute Resolution
Business Reorganization
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