Skip to main content
Help Center
ABI Journal

Practice and Procedure

Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

3rd Circuit
Delaware
Friday, April 28, 2023
Article Tags
Court Administration
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Mortgage
Business Reorganization
Real Estate
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

Shakespeare’s Lines Offer Lessons for Lawyers

June 2023

Bankruptcy Code
330
Rule 9011
Topic Tags
Ethics
Practice and Procedure
Professional Compensation/Fees
Wednesday, April 26, 2023
Article Tags
Claims
Court Administration
Practice and Procedure
Govt. Claims/Sovereign Immunity
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

Supreme Court Hears Oral Argument on Tribal Sovereign Immunity

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

Supreme Court

Lack of Reliance on Representation Isn’t a Defense to a Constructive Fraudulent Transfer

Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.

2nd Circuit
New York
New York Eastern District
Monday, April 24, 2023
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Ethics
Practice and Procedure
Business Reorganization
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

Is the Person-Aggrieved Appellate Standing Test Still Viable?

June 2023

Bankruptcy Code
158
1109
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Friday, April 21, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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
Thursday, April 20, 2023
Article Tags
Court Administration
Practice and Procedure
Venue/Jurisdiction
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
Subscribe to %1