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ABI Journal

Practice and Procedure

Wednesday, October 16, 2024
Article Tags
Bankruptcy Litigation
Legislation
Practice and Procedure
Business Reorganization
Mass Torts
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Friday, October 11, 2024
Article Tags
Court Administration
Ethics
Practice and Procedure
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Tuesday, October 8, 2024
Article Tags
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Small Business
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Scrutinizing Legal Schemes in the Courts to Uncover Fraud: Comments on Equity and Justice

Dec 2024

Bankruptcy Code
11 U.S.C. § 105
Topic Tags
Bankruptcy Litigation
Ethics
Fraud
Fraudulent Transfers
Practice and Procedure

Bankruptcy Judge Hursh Denies Arbitration over a Trustee’s Usury Claim

Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.

9th Circuit
Montana

Even if Ineligible for Chapter 13, Ninth Circuit Says the Debtor Can Still Dismiss

In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.

9th Circuit

Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management

The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

2nd Circuit
Wednesday, September 25, 2024
Article Tags
Court Administration
Practice and Procedure
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To Defeat Summary Judgment, an Affidavit Can’t Be Contradictory, Fifth Circuit Says

A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.

5th Circuit
Tuesday, September 24, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Venue/Jurisdiction
Business Reorganization
Mass Torts
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