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ABI Journal

Practice and Procedure

A Supreme Court Arbitration Opinion Could Disrupt Bankruptcies

Split 5/4, the Supreme Court rules that denial of a motion to compel arbitration automatically imposes a stay pending appeal.

Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7

Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.

Thursday, June 22, 2023
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Wednesday, June 21, 2023
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Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity

The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.

J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case

Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”