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With little fanfare or forewarning, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 became effective Jan. 6, 2012. Signed into law on Dec. 7, 2011, the Act (H.R. 394 P.L. 112-63) reforms or clarifies removal procedures, diversity jurisdiction, and federal venue.
The Act implemented the most extensive amendments in years to Chapter 28 of the United States Code. Despite their stealthy adoption, however, the changes deserve close consideration by all litigators. Fortunately, the House Committee on the Judiciary also issued a 33-page report (H.R. Rep. 112-10) in February 2011 discussing the rationale and process behind the amendments as well as a section-by-section analysis of the Act.
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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