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ABI Journal

Venue/Jurisdiction

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

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Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.