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ABI Journal

Practice and Procedure

Finality Governed by Resolution of All Issues in an Adversary Proceeding

Unusual facts permit no exception to rigid rules on appellate jurisdiction.

Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value

Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.

Courts Divided on Contempt Sanctions as Automatically Nondischargeable

Showing intentional violation of court order isn’t enough for nondischargeability.

Diverting Assets after Confirmation Does Not Give Rise to ‘Core’ Claims

A ‘profound impact’ on an estate does not by itself result in a ‘core’ claim.

Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment

Try garnishment, not contempt, to collect support from a chapter 13 debtor.

Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules

‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.

Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says

Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules.