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ABI Journal

Practice and Procedure

Madoff Trustee Scores Another Major Victory in the Second Circuit

The appeals court rules that the Madoff trustee is entitled to summary judgment together with prejudgment interest at 4%.

Wednesday, September 21, 2022
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Wednesday, September 14, 2022
Please note that in order to view the content for the Bankruptcy Headlines you must login with the link at the top if you are already an ABI member, or otherwise you may Become an ABI Member

A Flatfooted Mistake Isn’t Remedied by Equity or Relation Back, BAP Says

Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.

Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says

Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.

Does Mootness Arising on Appeal Strip the Lower Court Decision of Precedential Value?

Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.