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Practice and Procedure

Suit by Foreign Liquidators Was Remanded to State Court

Delaware district judge permits remand when the suit was subject to mandatory abstention.

3rd Circuit
Delaware

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

10th Circuit
Colorado

Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation

Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.

1st Circuit
Rhode Island

Fifth Circuit Cites ‘Clearly Erroneous’ Findings to Declare a Debt Nondischargeable

Circuit says it’s easy to show reasonable reliance on a false financial statement.

5th Circuit
Monday, March 30, 2020
Article Tags
Practice and Procedure
Professional Compensation/Fees
Business Reorganization
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Are Special Revenues as Special as They Once Were?

May 2020

Bankruptcy Code
922
928
Topic Tags
Automatic Stay
Plan Confirmation
Practice and Procedure
Municipal Bankruptcy
Puerto Rico

Ninth Circuit Creates a Legal Fiction to Uphold Recovery of an Unauthorized Transfer

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.

9th Circuit

Supreme Court Explains Sovereign Immunity in Bankruptcy Cases

The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.

Supreme Court
Tuesday, March 24, 2020
Article Tags
Court Administration
Legislation
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
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Tuesday, March 24, 2020
Article Tags
Corporate Governance
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
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
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