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ABI Journal

Plan Confirmation

Circuit Expands Espinosa to Include Failure to Give Notice of Third-Party Releases

Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.

Tuesday, November 16, 2021
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Eleventh Circuit Differentiates the Two Standards for Approval of Non-Debtor Releases

The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans

Wednesday, October 27, 2021
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Monday, October 18, 2021
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Supreme Court Update: Equitable Mootness Not Ready for Prime Time

An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.

Supreme Court Likely to Tackle 2018 U.S. Trustee Fee Increase

The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.