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ABI Journal

Practice and Procedure

Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says

Courts are split on the status of inherited claims as estate property.

Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11

Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.

Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit

Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.

Monday, April 16, 2018
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Friday, April 13, 2018
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Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’

Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.