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Practice and Procedure

Inside ABI November 2018

Nov 2018

Topic Tags
Legislation
Practice and Procedure
Consumer Bankruptcy
International Insolvency

Legislative Highlights November 2018

Nov 2018

Topic Tags
Legislation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Chapter 12/Farm Cases

Is That Exploration and Production Lease Really a Lease?

Dec 2018

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Financial Advisors
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Finance and Banking
Investment Banking
Real Estate
Small Business
Turnaround Issues

‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme

With partial success, trustee sues the casino where a fraudster gambled away stolen money.

2nd Circuit
New York
New York Eastern District

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

10th Circuit

Sixth Circuit Pronounces a Two-Prong Test to Determine ‘Finality’

Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.

6th Circuit

New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders

Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.

2nd Circuit
New York
New York Southern District

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
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