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Circuit Courts Split on Review of Bankruptcy Court's Denial of Motion to Dismiss
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
Appellate Courts Skeptical About Bankruptcy Court Sanctions
Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.
Landmines In Bankruptcy Appellate Practice, Part III
When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
DIP Financing and Liens On Avoidance Actions
The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
Law Journal Press | Digital Book
Texas Personal Automobile Insurance Policy 2020
Authors: Janet K. Colaneri
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Innocent Business Partner's Fraud Liability Survives Bankruptcy
The decision by the Supreme Court has practical significance for corporate officers and others in an agency or partnership relationship, and also may have serious consequences for corporate Chapter 11 debtors whenever a "domestic governmental unit" is a creditor.
Legal Tech's Predictions for Remote, Hybrid & Tech-Enabled Work Arrangements in 2023
Legal industry experts weigh in on what to expect for remote, hybrid and other tech-enabled work arrangements, as well as the lingering effects of the pandemic, in the next year.
Legal Tech's Predictions for Cybersecurity in 2023
Legal industry experts weigh in on what to expect from cybersecurity in the next year.Legal Tech's Predictions for the Business of Law in 2023
Legal industry experts weigh in on what to expect from legal tech spending, ALSPs, legal ops and more in the next year.
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