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ABI Journal

Practice and Procedure

Monday, July 26, 2021
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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General Default Judgment Didn’t Satisfy Requirements of Issue Preclusion, Circuit Says

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

11th Circuit

Venue and Personal Jurisdiction in Bankruptcy Proceedings: Issues You Cannot A-Ford to Ignore

Oct 2021

Bankruptcy Code
1409
Part VII. Adversary Proceedings
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy
Friday, July 23, 2021
Article Tags
Fraud
Practice and Procedure
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Circuits Split on Finality of Rule 2004 Discovery Orders in Chapter 15 Cases

Citing Ritzen as the reason, the Eleventh Circuit disagreed with the Second Circuit regarding the finality of Rule 2004 discovery orders in chapter 15 cases.

11th Circuit

Circuit Split on U.S. Trustee Fees Likely Won’t Reach the Supreme Court Until Fall 2022

Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.

6th Circuit
Ohio
Ohio Southern District

Publication Notice Won’t Suffice for Creditors with Recorded Property Interests

Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.

6th Circuit

IRA Withdrawals Aren’t Protected from Madoff Fraudulent Transfer Judgments

Madoff defendant socked with $280,000 in prejudgment interest for relitigating issues decided long ago.

2nd Circuit
New York
New York Southern District
Monday, July 12, 2021
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Practice and Procedure
Business Reorganization
Mass Torts
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Ensuring the Comparability of Comparable Company Multiples

Sept 2021

Bankruptcy Code
valuation
Topic Tags
Bankruptcy Litigation
Financial Advisors
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Preferences
Valuation
Business Reorganization
Investment Banking
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