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ABI Journal

Practice and Procedure

Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit

No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.

9th Circuit

For Chapter 13 Lien Stripping, Use the Filing Date for Valuation

Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.

1st Circuit
Massachusetts
Friday, March 31, 2017
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Valuation
Business Reorganization
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Friday, March 31, 2017
Article Tags
Practice and Procedure
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

Res judicata does not apply to ‘deemed allowed’ claims.

4th Circuit

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit
New York
New York Southern District
Wednesday, March 29, 2017
Article Tags
Claims
Court Administration
Ethics
Practice and Procedure
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Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals

Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.

9th Circuit

No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases

Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases?

5th Circuit

Supreme Court Grants ‘Cert’ on Appellate Standards for Non-Statutory Insider Status

High court won’t decide whether a claim purchaser automatically takes seller’s insider status.

Supreme Court
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