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Practice and Procedure

A 362(k) Claim May Be Brought Without Reopening the Bankruptcy, Circuit Says

Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.

3rd Circuit

Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation

The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.

9th Circuit

Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues

Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.

5th Circuit

Protecting Disabled Veterans in Need of Financial Assistance: Applying the HAVEN Act to Cases Filed Before Its Enactment

Dec 2019

Bankruptcy Code
101
Topic Tags
Legislation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

‘Disinterestedness’ Governs Approval of a Future Claimants’ Representative

Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.

3rd Circuit
New Jersey
Friday, October 18, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Mass Torts
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
Friday, October 18, 2019
Article Tags
Court Administration
Practice and Procedure
Business Reorganization
Small Business
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In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim

A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.

4th Circuit
Maryland

SBRA: Eligibility, Governance and Oversight

Dec 2019

Bankruptcy Code
101
103
586
1112
1116
1121
1129
1202
Topic Tags
Practice and Procedure
Business Reorganization
Tuesday, October 15, 2019
Article Tags
Practice and Procedure
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