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ABI Journal

Practice and Procedure

Misleading Ads to Poach a Debtor’s Customers Is No Stay Violation, Circuit Says

The Second Circuit gives competitors license to mount false advertising unless it’s ‘virtually certain’ to affect a debtor’s customer contracts or goodwill.

2nd Circuit
07
July
2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
07
July
2025
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
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Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Removal of the Subchapter V DIP: A Road to Nowhere?

Oct 2024

Bankruptcy Code
1183
1185
1189
11 U.S.C. § 363
704
1106
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Small Business

On a Circuit Split, First Circuit BAP Enforces Deadlines for Joining Involuntary Petitions

The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.

1st Circuit
Is There a Common-Law Alternative to Chapter 15? A Response to Rochelle’s Daily Wire and Prof. Jay Westbrook

Aug 2024

Bankruptcy Code
1509
Topic Tags
Practice and Procedure
International Insolvency
07
July
2025
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Health Care
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Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Benchnotes August 2024

Aug 2024

Bankruptcy Code
1183
11 U.S.C. § 502(c)
11 U.S.C. § 544
327
502
541
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Ethics
Fraud
Fraudulent Transfers
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Prepacks and Subchapter V: An Uneasy Fit/Subchapter V Filings

Aug 2024

Bankruptcy Code
1182
1126
Topic Tags
Plan Confirmation
Practice and Procedure
Business Reorganization
Small Business
07
July
2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
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Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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