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ABI Journal

Bankruptcy Litigation

Tuesday, August 18, 2020
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No ‘Core’ Jurisdiction to Protect Nondebtors with Injunctions, N.Y. District Judge Says

New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases.

Monday, August 17, 2020
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Monday, August 17, 2020
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Second Circuit Holds that Flip Clauses in Swaps Are Enforceable

Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.

Thursday, August 13, 2020
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Wednesday, August 12, 2020
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Wednesday, August 12, 2020
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Tuesday, August 11, 2020
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Seventh Circuit Bars ‘Objector Blackmail’ in a Class Settlement

The Seventh Circuit uses broad equitable powers to prevent one member of a class from receiving a settlement when appealing an issue applicable to the entire class.