General Objection to Entry of Final Orders Won’t Preserve a ‘Stern’ Objection, BAP Says
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
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Finality of a Contempt Order Drawn into Question in the Eleventh Circuit
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
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Courts Are Split on Counting Future Rent Toward the $7.5 Million Debt Cap in Sub V
If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.
Supreme Court Appears Split Over Opioid Settlement for Purdue Pharma
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A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
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Willful Breach of Contract Doesn’t Result in Section 523(a)(6) Nondischargeability
Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
To Use or Not to Use: Ethics and the Use of AI in the Legal Industry
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Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity
Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
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