Skip to main content
Help Center
ABI Journal

Practice and Procedure

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

UpRight: A Cautionary Tale of a National Consumer Law Firm

July 2018

Topic Tags
Ethics
Practice and Procedure
Consumer Bankruptcy

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

11th Circuit
Florida
Florida Southern District

Transwest Revisited: No Due-on-Sale Required in Restructured Loans

July 2018

Bankruptcy Code
1111
Topic Tags
Claims
Bankruptcy Litigation
Plan Confirmation
Practice and Procedure
Business Reorganization
Hospitality, Entertainment Venues and Gaming
Real Estate
Subscribe to %1