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ABI Journal

Practice and Procedure

With Lenders Asleep at the Wheel, Unsecured Creditors Should Consider Involuntary Bankruptcy

Jan 2022

Bankruptcy Code
303
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Unsecured Trade Creditors
Wednesday, November 17, 2021
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Ethics
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

Circuit Expands Espinosa to Include Failure to Give Notice of Third-Party Releases

Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.

11th Circuit
Monday, November 15, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Mass Torts
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

A Purdue Suit Against Insurance Carriers Stays in Bankruptcy Court, for Now

Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.

2nd Circuit
New York
New York Southern District

Counsel Can’t Disclaim Responsibilities Imposed by the Code and Rules, Judge Says

Judge Clarkson laid down guidelines for a lawyer who copies pleadings written by another lawyer in a different case.

9th Circuit
California
California Central District
Wednesday, November 10, 2021
Article Tags
Court Administration
Ethics
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

Judge Barnes Tells Gamblers What Records to Keep to Win a Discharge in Bankruptcy

The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.

7th Circuit
Illinois
Illinois Northern District

Denial of a Motion to Convert from ‘11’ to ‘7’ Is Not Final and Thus Not Appealable

Until now, there has been surprisingly little precedent directly on point to say that denial of a motion for conversion from chapter 11 to chapter 7 is not a final order subject to appeal

9th Circuit
California
California Eastern District
Wednesday, November 3, 2021
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
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