Practice and Procedure | ABI

Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

Court :

Ninth Circuit BAP Backs Away from Automatic Dismissal of ‘Marijuana’ Cases

Debtor must violate criminal law to justify dismissal, concurring opinion says.

Court :

When Is Final, Final? Appeals from § 363(m) Findings

Bankruptcy Code

11 U.S.C. § 363

11 U.S.C. § 363(m)

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Business Reorganization

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

Court :

California Central District

California District Judge Requires Property in the U.S. to File Chapter 15

A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.

Court :

California Northern District

Oil and Gas Decommissioning: At Whose Expense?

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Creditors' Committee

Executory Contracts/Leases

Financial Advisors

Plan Confirmation

Practice and Procedure

Business Reorganization

Finance and Banking

Govt. Claims/Sovereign Immunity

Investment Banking

Public Companies and Claims Trading

Turnaround Issues

Unsecured Trade Creditors

Wednesday, February 14, 2018

Article Tags

Court Administration

Practice and Procedure

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CFPB Suit in District Court Immune from Transfer to Bankruptcy Court

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

Court :

Friday, February 9, 2018

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

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Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

Court :

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