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ABI Journal

Practice and Procedure

Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable

The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.

9th Circuit

Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold

Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.

8th Circuit
Iowa
Iowa Northern District

Benchnotes June 2022

June 2022

Bankruptcy Code
Section 106(a)
11 U.S.C. § 363(m)
11 U.S.C. § 544
504
507
525
Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Fraudulent Transfers
Practice and Procedure
Professional Compensation/Fees
Mass Torts

Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court

This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.

9th Circuit

Circumscribing the Attorney-Work-Product Doctrine in Chapter 11

June 2022

Topic Tags
Bankruptcy Litigation
Corporate Governance
Practice and Procedure
Business Reorganization

Creditor Strategies in Subchapter V

June 2022

Bankruptcy Code
1182
1189
1191
1111
1129
Topic Tags
Practice and Procedure

Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy

Reliance on advice of counsel is not a complete defense to contempt citations.

4th Circuit

Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy

In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.

5th Circuit

Debtors, Defendants, Defenses and Dismissals: Dinner and Depositions with the Judges

June 2022

Bankruptcy Code
523
7008
7012
7030
7031
Topic Tags
Ethics
Practice and Procedure
Wednesday, April 20, 2022
Article Tags
Administrative Expense Claims
Court Administration
Plan Confirmation
Practice and Procedure
Preferences
Business Reorganization
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