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ABI Journal

Venue/Jurisdiction

Eleventh Circuit Says Section 363(m) Even Moots Appeals Not Properly Authorized

In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.

Priest Lacked Standing to Raise a Claim Objection to Clear His Name of Sexual Abuse

Standing has three components: statutory standing, constitutional standing and prudential standing, Judge Thuma explains.

Supreme Court Update: Equitable Mootness Not Ready for Prime Time

An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.

A Seemingly Final Order in a Larger Contested Matter Isn’t Final, Ninth Circuit BAP Says

Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.

On an ‘Involuntary,’ Denial of Summary Judgment Doesn’t Mean the Claim Is Disputed

The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.

Tuesday, September 28, 2021
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Friday, September 24, 2021
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Bankruptcy Court Doesn’t Have Exclusive Jurisdiction over Fraudulent Transfer Suits

The Nevada Supreme Court correctly unpacked the confusing notions of bankruptcy jurisdiction and the division of authority between district and bankruptcy courts.