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ABI Journal

Consumer Bankruptcy

Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.

Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

Murder on the Chapter 13 Express

Winter

2024

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Tuesday, March 5, 2024
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A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.

Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move

Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.