Practice and Procedure | ABI

Non-Consensual Third-Party Releases Pass Muster in Chapter 15

Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.

Court :

New York Southern District

Chicago Wins One Round in Battle over Parking Tickets

The battle continues in Chicago over using chapter 13 to beat parking tickets.

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Illinois Northern District

Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says

Confirmation order cannot turn someone else’s property into estate property.

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Texas Southern District

Creative Classification in Plans

Bankruptcy Code

Topic Tags

Plan Confirmation

Practice and Procedure

Business Reorganization

Chapter 12/Farm Cases

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

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Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’

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The Appellate Standard of Review in Attempting to Spot an Insider: Lakeridge Creates More Questions Than Answers

Bankruptcy Code

11 U.S.C. §§ 101-1532

Topic Tags

Plan Confirmation

Practice and Procedure

Friday, March 30, 2018

Article Tags

Practice and Procedure

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Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.

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State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).

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