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ABI Journal

Business Reorganization

To amend title 11, United States Code, to make the filing of a petition for relief under chapter 11 that is objectively futile or in subjective bad faith a cause for dismissal of the case, and for other purposes.

Thursday, July 17, 2025

Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit

Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.

Bankruptcy’s Turn to Market Value

Many lawyers viewed chapter 11, which came into effect in 1979, as unsuccessful in the 1980s. Large firms had been mired in bankruptcy for years — three years, on average. The process was seen as expensive, inaccurate and subject to abuse. While bankruptcy today still has problems with considerable conflict, and few would say it works perfectly, the overall contrast with bankruptcy today is stark: Bankruptcies that took years in the 1980s take months in the 2020s.

Monday, August 26, 2024
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Monday, August 26, 2024
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Monday, August 26, 2024
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Monday, August 26, 2024
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Monday, August 26, 2024
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
Monday, August 26, 2024
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
Monday, August 26, 2024
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