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ABI Journal

Practice and Procedure

Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.

Session will identify options to bankruptcy for struggling companies and explain why certain alternatives should be considered and in certain instances utilized. Many bankruptcy practioners are not familiar with non-bankruptcy options such as ABCs and UCC sales which in many instances are far superior to the bankruptcy option.

This session will educate the practitioner so that that individual can provide proper advice and representation for the struggling business client. Business Suggested Speakers
Bryan
Davidoff
bdavidoff@ggirm.com
Randy Nussbaum randy.nussbaum@sackstierney.com Sacks Tierney Scottsdale

10th Circuit BAP Judges Survey the Appealability of Contempt Orders and Sanctions

The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.

07
July
2025
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Lawyer Hit with $47,000 in Sanctions for Filing Fictitious Schedules

A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.

Supreme Court Ruled Again on Arbitration, but Not (Yet) in Bankruptcy Cases

The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.