Practice and Procedure | ABI

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Friday, August 26, 2016

Article Tags

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Executory Contracts/Leases

Plan Confirmation

Practice and Procedure

Business Reorganization

Hospitality, Entertainment Venues and Gaming

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Judge Easterbrook Opines on the Meaning of ‘Finality’ Stemming from Bullard

Finality depends on the final resolution of a dispute, not an issue within a dispute, Circuit Judge Easterbrook says.

Court :

Sixth Circuit Splits with the Second over the Wagoner Rule on Standing

Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.

Court :

Tuesday, August 23, 2016

Article Tags

Practice and Procedure

Professional Compensation/Fees

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Finality Governed by Resolution of All Issues in an Adversary Proceeding

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

Court :

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.

Court :

North Carolina Eastern District

Courts Divided on Contempt Sanctions as Automatically Nondischargeable

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

Court :

Ohio Southern District

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.

Court :

California Northern District

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

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

Court :

Georgia Southern District

Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules

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

Court :

Indiana Southern District

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