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ABI Journal

Venue/Jurisdiction

Creative Theory Fails to Give an Automatic Appeal from a Non-Core Interlocutory Order

Interlocutory orders by bankruptcy courts on non-core claims don’t give rise to immediate de novo review as proposed findings and conclusions.

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant

Millennium-like third-party releases were approved without reaching constitutional issues.

Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.

Transferring COMI to Avoid Liquidation Is Ok in Chapter 15

New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.

A Tale of Two Business Courts

Bankruptcy Code

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Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit

Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.