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ABI Journal

Rochellel's Daily Wire

January 15, 2016

No ‘Innocent Insider’ Exception to In Pari Delicto in New York, Judge Holds

New York becomes even more inhospitable to trustees facing in pari delicto defense.

2nd Circuit, New York, New York Southern District

January 15, 2016

Madoff ‘Net Equity’ Method Was Properly Applied to Inter-Account Transfers

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit, New York, New York Southern District

January 15, 2016

Securities Fraud Judgment Is Automatically Nondischargeable, Circuit Says

Tenth Circuit slams securities fraudsters already nailed with default judgments.

10th Circuit

January 15, 2016

Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate

Foreclosing property not in the debtor's name sometimes can violate the automatic stay.

1st Circuit, New Hampshire

January 14, 2016

New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

2nd Circuit, New York, New York Southern District

January 14, 2016

Committee Counsel Fees at 56% Are Ok in Delaware

Lender's plea of poverty falls on deaf ears in a sick Delaware case.

3rd Circuit, Delaware

January 14, 2016

How the Bankruptcy Code Determines the Winner of a Bar Fight

Getting punched out in a bar fight might not result in a nondischargeable debt.

6th Circuit

January 13, 2016

Fatally Defective Complaint Can Still Have ‘Related To’ Jurisdiction

Fifth Circuit warns about conflating jurisdiction and the merits.

5th Circuit

January 13, 2016

Guardian’s Fees Not Discharged in Father’s Bankruptcy

Indiana judge parts company with other courts in helping out a guardian ad litem.

7th Circuit, Indiana, Indiana Northern District

January 12, 2016

Seventh Circuit Reverses District Court Again, Lowering Standard for ‘Inquiry Notice’

Posner pens a gem warning banks about ignoring signs of fraud.

7th Circuit