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Bankruptcy Litigation

Substituting Trustee as Plaintiff Is Not a Final Order, Second Circuit Says

Dismissing the debtor as plaintiff is not a final order when the trustee is substituted.

2nd Circuit
Thursday, June 22, 2017
Article Tags
Asset Sales
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Thursday, June 22, 2017
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
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Split Sixth Circuit Bars Litigation Trustees from Suing on D&O Policies

Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.

6th Circuit
Wednesday, June 21, 2017
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Retail
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Wednesday, June 21, 2017
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Wednesday, June 21, 2017
Article Tags
Claims
Bankruptcy Litigation
Court Administration
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Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits

Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.

7th Circuit
Monday, June 19, 2017
Article Tags
Bankruptcy Process and Procedure
Claims
Bankruptcy Litigation
Fraud
Professional Compensation/Fees
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Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts

‘Ordinary course’ defense failed when overdrafts spiked during the preference period.

8th Circuit
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