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ABI Journal

Bankruptcy Litigation

Friday, March 31, 2017
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Friday, March 31, 2017
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

Equitable Mootness Doesn’t Deprive Appellate Court of Jurisdiction

Impossibility of upsetting a confirmed plan doesn’t result in constitutional mootness, only equitable mootness.

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

Res judicata does not apply to ‘deemed allowed’ claims.

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

Wednesday, March 29, 2017
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Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals

Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.

Tuesday, March 28, 2017
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No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases

Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases?