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ABI Journal

Practice and Procedure

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
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

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

Taylor: Tenth Circuit Defines “Property” in § 522(f)(2)(A)(ii)

Nov 2018

Bankruptcy Code
522
Topic Tags
Practice and Procedure
Consumer Bankruptcy
Consumer Debt

Third Circuit Upholds Revocation of $275 Million Breakup Fee

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

3rd Circuit

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.

5th Circuit
Texas
Texas Northern District
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