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ABI Journal

Practice and Procedure

Topics
Bankruptcy Litigation
Practice and Procedure
Topics
Practice and Procedure

A Magistrate Judge Refuses to Enforce an Order Staying Actions Against Nondebtors

A magistrate judge decided that a bankruptcy court’s order from another district halting suits against nondebtors was unenforceable because it was not an ‘injunction’ made under Section 105(a).

6th Circuit
Michigan
Michigan Eastern District

Supreme Court Hears Argument on Allowing a Trustee to Sue the IRS for Fraudulent Transfers

Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).

Supreme Court
05
July
2025
Article Tags
Court Administration
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
05
July
2025
Article Tags
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability
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Purdue Preliminary Injunction Protecting Nondebtors Upheld on Appeal

The same district judge who correctly predicted that Purdue’s nonconsensual releases were prohibited has nonetheless upheld a preliminary injunction barring suits against nondebtors.

2nd Circuit
New York
New York Southern District
05
July
2025
Article Tags
Court Administration
Practice and Procedure
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
05
July
2025
Article Tags
Court Administration
Practice and Procedure
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member

A Business that Never Generated Income Is Eligible for Subchapter V, Judge Norman Says

The definition of ‘small business’ uses the word ‘activities,’ not ‘operations,’ making nonoperating small business eligible for Subchapter V.

5th Circuit
Texas
Texas Southern District
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