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ABI Journal

Practice and Procedure

Fifth Circuit Has Rigid Standards for Chapter 7 Debtors to Have Standing to Appeal

An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.

Limits Placed on Rule 2004 Discovery After Chapter 11 Plan Confirmation

Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’

Arbitration Clause Not Enforceable When the Contract Itself Was Rejected

Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.

Complaint Survives Against Chicago for Not Releasing Impounded Cars Immediately

Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.

Mid-Level/Mid-Career Decisions

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Evidence and Trial Skills in Bankruptcy

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