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ABI Journal

Venue/Jurisdiction

Supreme Court Hears Argument on Section 363(m): Is It Jurisdictional or Not?

The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.

Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

Seventh Circuit Limits a U.S. Court’s Jurisdiction over Creditors Abroad

Foreign creditors not subject to ‘specific personal jurisdiction’ in the U.S. can violate the automatic stay with impunity.

Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says

Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.

The Wrath of Stern

Bankruptcy Code

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