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Practice and Procedure

Claim Objections and Affirmative Defenses: Whose Burden Is It?

March 2023

Bankruptcy Code
502
Topic Tags
Claims
Practice and Procedure
Monday, January 23, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
Mass Torts
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Thursday, January 19, 2023
Article Tags
Court Administration
Practice and Procedure
Business Reorganization
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Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

11th Circuit

Supreme Court to Hear Two More Bankruptcy Cases This Term

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Supreme Court

Rule 2019: Unofficial Committee Disclosures in Mass Tort Cases

April 2023

Bankruptcy Code
107
1102
Topic Tags
Practice and Procedure
Business Reorganization
Mass Torts

Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d)

March 2023

Bankruptcy Code
1329
Topic Tags
Practice and Procedure
Consumer Bankruptcy

Burford Abstention Can Apply in Bankruptcy Alongside Abstention in 28 U.S.C. § 1334(c)

Interference with state regulators can compel a bankruptcy court to abstain, even if abstention was not required under 28 U.S.C. § 1334(c).

5th Circuit
Thursday, January 12, 2023
Article Tags
Claims
Practice and Procedure
Consumer Debt
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Wednesday, January 11, 2023
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Retail
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