Skip to main content
ABI Journal

Rochellel's Daily Wire

June 22, 2018

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

6th Circuit, Michigan, Michigan Eastern District

June 22, 2018

Colleges Beat Back Another Fraudulent Transfer Suit Aimed at Tuition Payments

Federal student loan proceeds were never the parents’ property and thus could not be recovered by a trustee.

2nd Circuit, Connecticut

June 21, 2018

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

9th Circuit

June 21, 2018

Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens

Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.

5th Circuit

June 20, 2018

Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award

Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.

9th Circuit

June 19, 2018

Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim

Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.

5th Circuit, Texas, Texas Southern District

June 18, 2018

Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

11th Circuit, Florida, Florida Southern District

June 15, 2018

Second and Eleventh Circuits Agree: Fuel Subcontractors Don’t Have Maritime Liens

Notions of equity go out the window when the issue is maritime liens.

2nd Circuit

June 15, 2018

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

10th Circuit

June 15, 2018

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

9th Circuit