Skip to main content
ABI Journal

Practice and Procedure

‘Cert’ Petitions Raise Equitable Mootness and Federal Preemption in the Supreme Court

‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.

Statutory Mootness of Sale Orders Even Overrides Alleged Due Process Violations

Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.

Second Circuit Makes Taggart Applicable to All Contempt Citations in Bankruptcy Court

Even for egregious, repeated violations of Bankruptcy Rule 3002.1, the bankruptcy court may only award recovery of economic losses, never punitive damages.

A Motion to Dismiss as of Right Doesn’t Bar the Court from Dismissing with Prejudice

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).

Thursday, July 29, 2021
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member