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Practice and Procedure

Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent

Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.

3rd Circuit
Delaware
Friday, June 23, 2017
Article Tags
Practice and Procedure
Professional Compensation/Fees
Business Reorganization
Hospitality, Entertainment Venues and Gaming
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Substituting Trustee as Plaintiff Is Not a Final Order, Second Circuit Says

Dismissing the debtor as plaintiff is not a final order when the trustee is substituted.

2nd Circuit

House-Passed SPOE Bill: Why Shield Officers and Directors?

Aug 2017

Bankruptcy Code
CHAPTER 11 - Reorganization
Topic Tags
Practice and Procedure
Business Reorganization
Finance and Banking

Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits

Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.

7th Circuit

Chapter 11 Conversion Conundrum: Should Post-Petition, Pre-Conversion Property Remain Property of the Chapter 7 Estate in a Converted Individual Chapter 11 Case?

Aug 2017

Bankruptcy Code
1115
1306
541
Topic Tags
Legislation
Practice and Procedure
Consumer Bankruptcy

Benchnotes August 2017

Aug 2017

Bankruptcy Code
109
11 U.S.C. § 105
11 U.S.C. § 362
11 U.S.C. § 544
363
506
524
1328
541
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy
Business Reorganization
Health Care
International Insolvency
Real Estate
Unsecured Trade Creditors

“You Can’t Sue Me”: Preclusion of Claims Against Professionals

Aug 2017

Topic Tags
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Practice and Procedure
Professional Compensation/Fees
Business Reorganization

Stoppage Notices Have Chilling Effect on Liens of Secured Creditors: O2Cool Opinion Revisits UCC Remedy

Aug 2017

Bankruptcy Code
503
546
Topic Tags
Claims
Practice and Procedure
Business Reorganization
Finance and Banking
Retail
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

10th Circuit
Kansas
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