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ABI Journal

Practice and Procedure

Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says

Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.

5th Circuit
Friday, May 5, 2023
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
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‘Preponderance’ Replaced ‘Clear and Convincing’ on Adoption of the Bankruptcy Code

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.

7th Circuit
Thursday, May 4, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
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
Wednesday, May 3, 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
Monday, May 1, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
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
Monday, May 1, 2023
Article Tags
Court Administration
Ethics
Practice and Procedure
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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
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Shakespeare’s Lines Offer Lessons for Lawyers

June 2023

Bankruptcy Code
330
Rule 9011
Topic Tags
Ethics
Practice and Procedure
Professional Compensation/Fees
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