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ABI Journal

Consumer Bankruptcy

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).

Thursday, July 7, 2016
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District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions

Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.

Wednesday, July 6, 2016
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Tuesday, July 5, 2016
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Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale

Courts split on whether failure to redeem on time is fatal in a reorganization.

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds

Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.