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Bankruptcy Litigation

Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract

Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.

5th Circuit
Mississippi
Mississippi Southern District
Tuesday, July 9, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.

Supreme Court

Is Under Oath Enough? Issues of Evidence Considered at Summary Judgment

Sept 2019

Bankruptcy Code
341
343
523
727
2004
7030
7056
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability
Monday, July 8, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Different Rules Govern When Claims Accrue By or Against an Estate

Like physics, bankruptcy searches for a unified theory to explain claims by and against the estate.

1st Circuit
Massachusetts

The Debtor or Trustee Control the Privileges of an Independent Audit Committee

As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.

3rd Circuit
Delaware
Tuesday, July 2, 2019
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Tuesday, July 2, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals

The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.

3rd Circuit
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