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ABI Journal

Practice and Procedure

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).

District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions

Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.

Marijuana Advisors Are Not Precluded from All Relief in Bankruptcy Courts

Ninth Circuit B.A.P. shows sympathy for legal marijuana businesses.

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

Thursday, June 30, 2016
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Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds

Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.

Tuesday, June 28, 2016
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Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans

Having avoided chapter 11 cases, the high court will tackle a major reorganization issue.

Cover Sheet Is No Substitute for Filing a Complaint

Kansas judge strictly enforces rules on filing dischargeability complaints.

Seventh Circuit Requires Chapter 13 Payments Beyond Five Years

Appeals court narrowly reads Bullard on finality.