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ABI Journal

Practice and Procedure

New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts

In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b).

The Debtor or Trustee Control the Privileges of an Independent Audit Committee

As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.

Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals

The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.

Monday, July 1, 2019
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Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen

If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?

For Petitions the Clients Had Not Seen or Signed, Lawyer Recommended for Disbarment

Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.

First Circuit Nixes Another Attempt at Unraveling Puerto Rico’s Debt Arrangement

The logical court to challenge the constitutionality of PROMESA isn’t the PROMESA court itself.

Tuesday, June 25, 2019
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