Practice and Procedure

Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.
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Being Forced into Bankruptcy Can Be Irreparable Harm, Third Circuit Says

A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.
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Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights

A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.

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