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ABI Journal

Practice and Procedure

Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision

Judges must use patchwork approach when handling a huge, multinational debtor.

2nd Circuit
New York
New York Southern District
Monday, October 31, 2016
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
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Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

11th Circuit
Florida
Florida Middle District

Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13

Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.

9th Circuit
Friday, October 28, 2016
Article Tags
Corporate Governance
Court Administration
Practice and Procedure
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Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

1st Circuit

Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

9th Circuit

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit
Illinois
Illinois Northern District

Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

3rd Circuit
Delaware

Second Circuit Bars Arbitration of Claim Subordination Dispute

Appeals court easily rules against arbitration on a core issue involving priority.

2nd Circuit
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