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ABI Journal

Practice and Procedure

Wednesday, March 2, 2022
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Monday, February 28, 2022
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Bad Faith Filings in Chapter 15 Can Be Entitled to ‘Foreign Main Recognition,’ BAP Says

The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.

The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants

Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.

Thursday, February 24, 2022
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Disregarding Scheduling Orders Can Waive Jury Trials and Objections to Final Orders

Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.