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ABI Journal

Practice and Procedure

Eleventh Circuit Takes Sides on Circuit Split by Upholding the 2018 Increase in U.S. Trustee Fees

On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.

11th Circuit

Recent Demand for Examiners in Major Chapter 11 Cases Highlights Ambiguity in the Code

March 2022

Bankruptcy Code
1104
Topic Tags
Practice and Procedure
Business Reorganization
Tuesday, January 18, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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

What the Latest COVID-19 Surge Means for Filings in 2022

March 2022

Topic Tags
Asset Sales
Bankruptcy Litigation
Corporate Governance
Legislation
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Covid19
Finance and Banking
Investment Banking
Lender Liability
Small Business

Take to the Polls in 2022! Navigating Chapter 7 Trustee Elections and Related Disputes

March 2022

Bankruptcy Code
101
322
CHAPTER 7 Liquidation
701
702
726
752
766
Topic Tags
Practice and Procedure
Friday, January 14, 2022
Article Tags
Court Administration
Practice and Procedure
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

Expanding on Midland Funding, a BAP Disallows Fee-Shifting for Time-Barred Claims

A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.

9th Circuit

Bar to Challenging Taxes in Bankruptcy Court Isn’t Retroactive, Eleventh Circuit Says

The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.

11th Circuit

Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees

The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.

Supreme Court
Tuesday, January 11, 2022
Article Tags
Court Administration
Practice and Procedure
Business Reorganization
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
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