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ABI Journal

Practice and Procedure

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection

Do free and clear sales confer interests that are entitled to adequate protection?

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U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’

New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).

Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says

Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.

Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says

Eleventh Circuit explains when a final order may not remain a final order.