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Practice and Procedure

Barton Doctrine Limited by the Eleventh Circuit? Examining Keitel

April 2022

Topic Tags
Bankruptcy Litigation
Practice and Procedure
Venue/Jurisdiction

Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’

Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.

2nd Circuit
New York
New York Southern District

Restructurings of Continuing-Care Retirement Communities

May 2022

Bankruptcy Code
11 U.S.C. § 363
Topic Tags
Asset Sales
Plan Confirmation
Practice and Procedure
Business Reorganization
Health Care
Thursday, February 17, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

How Much Investigation Does the “Duty to Investigate” Require?

April 2022

Bankruptcy Code
526
527
528
Rule 9011
Topic Tags
Practice and Procedure
Consumer Bankruptcy

Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.

5th Circuit

Reservation of Assets Post-Closing in Chapter 7 Cases

May 2022

Bankruptcy Code
11 U.S.C. § 362
323
327
350
554
704
Topic Tags
Automatic Stay
Claims
Court Administration
Practice and Procedure
Tuesday, February 8, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Tuesday, February 8, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed

The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.

11th Circuit
Florida
Florida Southern District
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