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ABI Journal

Practice and Procedure

Third Circuit Upholds Revocation of $275 Million Breakup Fee

Third Circuit creates a high standard for revoking a vested contract right.

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims

Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.

Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says

Courts are divided when an exemption claim collides with the government’s right of setoff.

Major Automatic Stay Issue Inches Toward the Supreme Court

Chicago parking ticket cases to be resolved in the Seventh Circuit.

Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness

Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’

Friday, September 7, 2018
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Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).