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Practice and Procedure

Ninth Circuit Widens Split on Failure to Object and Standing to Appeal

Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.

9th Circuit

Inside ABI June 2018

June 2018

Topic Tags
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Business Reorganization

SEC vs. Creditors: Why SEC Civil Enforcement Practice Demonstrates the Need for a Reprioritization of Securities Fraud Claims

June 2018

Bankruptcy Code
11 U.S.C. § 510
303
308
Topic Tags
Legislation
Practice and Procedure
Business Reorganization
SEC Issues

Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

11th Circuit
Florida
Florida Middle District

Stern Held Inapplicable to Orders Denying Summary Judgment

Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.

3rd Circuit
Delaware

Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing

Fourth Circuit again shows itself to be a debtor-friendly venue.

4th Circuit

You Gotta Have Faith

July 2018

Bankruptcy Code
9019
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Preferences

Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

5th Circuit

New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.

3rd Circuit
Delaware

Modified Universalism in Our Time? A Look at Two Recent Cases in the U.S. and U.K.

July 2018

Bankruptcy Code
1501
Topic Tags
Claims
Bankruptcy Litigation
Legislation
Practice and Procedure
Venue/Jurisdiction
Business Reorganization
International Insolvency
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