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ABI Journal

Business Reorganization

Monday, December 27, 2021
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PACA Debt Isn’t Nondischargeable, Chicago Judge Says, Siding with the Minority

Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.

Thursday, December 23, 2021
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Thursday, December 23, 2021
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Creating a Split, Second Circuit Says that Section 363(m) Is Jurisdictional

The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”

Wednesday, December 22, 2021
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Wednesday, December 22, 2021
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Wednesday, December 22, 2021
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Wednesday, December 22, 2021
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Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access

At the courthouse, the public is only entitled to free access to papers filed in that district.