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ABI Journal

Practice and Procedure

A Simple Decision in a Complex Case: Appointment of an Examiner Is Not Discretionary

July 2024

Bankruptcy Code
1104
Topic Tags
Practice and Procedure

District Judge Explains What a Notice of Appeal Does and Doesn’t Do

A notice of appeal precludes the court from modifying an order on appeal but does not impair enforcement of the order absent a stay pending appeal.

9th Circuit
Idaho
Benchnotes July 2024

July 2024

Bankruptcy Code
101
523
524
1326
Topic Tags
Claims
Bankruptcy Litigation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy
Discharge/Dischargeability
Bankruptcy Taxation
Business Reorganization
Mass Torts

Receivership Didn’t Prevent an LLC’s Manager from Filing Bankruptcy for the LLC

Judge Randal Mashburn described what a state court must do in appointing a receiver that would prevent an LLC’s manager from filing a bankruptcy petition.

6th Circuit
Tennessee
Tennessee Middle District
07
July
2025
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Chapter 12/Farm Cases
Finance and Banking
Read more.
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
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Read more.
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
A Cautionary Tale for Drafters of General Assignment Agreements

July 2024

Bankruptcy Code
303
305
Topic Tags
Bankruptcy Litigation
Practice and Procedure
07
July
2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
Mass Torts
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
The ABCs of Subchapter V

July 2024

Bankruptcy Code
1182
1183
1189
1191
1192
523
Topic Tags
Practice and Procedure
Small Business

Federal Government Doesn’t Have Sovereign Immunity to Avoid Contempt Sanctions

Bankruptcy Judge Scott Clarkson nailed the government with $38,000 in sanctions for a ‘willful’ violation of a discovery order shown by ‘clear and convincing evidence.’

9th Circuit
California
California Central District
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