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Practice and Procedure

Debtor Allowed to Convert from Chapter 12 to Chapter 11

Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.

5th Circuit
Texas
Texas Northern District

Communication and Cooperation in Cross-Border Restructuring and Insolvency Matters in the EU

Dec 2018

Bankruptcy Code
Subchapter IV - Cooperation with Foreign Courts and Foreign Representatives
Topic Tags
Bankruptcy Litigation
Practice and Procedure
International Insolvency

Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327

U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327.

3rd Circuit
Delaware
Tuesday, October 2, 2018
Article Tags
Court Administration
Practice and Procedure
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Sanctions Upheld Against ‘Nationwide’ Law Firm for Violating Section 526

Law firm suspended 90 days for multiple violations of rules of professional conduct.

5th Circuit
Louisiana
Louisiana Western District
Monday, October 1, 2018
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim

A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.

2nd Circuit
New York
New York Southern District
Wednesday, September 26, 2018
Article Tags
Court Administration
Practice and Procedure
Professional Compensation/Fees
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Class Settlements After Confirmation Require Rule 23 Class Certification

Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.

2nd Circuit
New York
New York Southern District

District Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.

3rd Circuit
Delaware
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