Rochelle's Daily Wire

ABI Exclusive

business Cases

Equitable Mootness Doesn’t Deprive Appellate Court of Jurisdiction
March 31, 2017
11th Circuit ,
Impossibility of upsetting a confirmed plan doesn’t result in constitutional mootness, only equitable mootness.
Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals
March 29, 2017
9th Circuit ,
Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.
No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases
March 28, 2017
5th Circuit ,
Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases?
Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law
March 27, 2017
11th Circuit , Florida , Florida Southern District ,
Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.
Supreme Court Grants ‘Cert’ on Appellate Standards for Non-Statutory Insider Status
March 27, 2017
Supreme Court ,
High court won’t decide whether a claim purchaser automatically takes seller’s insider status.
New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
March 24, 2017
2nd Circuit , New York , New York Eastern District ,
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).
Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts
March 22, 2017
2nd Circuit , New York , New York Southern District ,
Pipeline companies strike out again in New York on Texas law question.
Supreme Court Reverses Jevic, Bars Structured Dismissals that Violate Priority Rules
March 22, 2017
Supreme Court ,
Jevic opinion continues to permit first-day wage and critical vendor orders, although its effect on gift plans is debatable.
Delaware District Judge Issues Important Opinion on Third-Party Releases
March 21, 2017
3rd Circuit , Delaware ,
Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.
Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
March 20, 2017
3rd Circuit , Delaware ,
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.

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