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ABI Journal

Practice and Procedure

Statutory Basis Explained for Deferring Rent in Response to the Coronavirus

Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.

Tuesday, May 12, 2020
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Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake

A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.

Tenth Circuit Applies Equitable Mootness to Appeals from Liquidating Chapter 11 Plans

Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.

Thursday, May 7, 2020
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Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory

For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.

May a Bankruptcy Court Annul the Automatic Stay after Acevedo?

Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.

Two More Judges Rule that Chapter 11 Debtors Are Eligible for PPP Loans

Judge Thuma of Albuquerque threatens the SBA with punitive damages if the debtor is not granted a $900,000 PPP loan.

Split Ninth Circuit Permits Extending a Statutory Deadline After It Expires

Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.

Friday, May 1, 2020
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