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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
Monday, May 20, 2024
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Chapter 12/Farm Cases
Finance and Banking
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
Monday, May 20, 2024
Article Tags
Claims
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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

A Cautionary Tale for Drafters of General Assignment Agreements

July 2024

Bankruptcy Code
303
305
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Thursday, May 16, 2024
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 please log 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

MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

2nd Circuit
New York
New York Southern District
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