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ABI Journal

Rochellel's Daily Wire

April 19, 2016

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

5th Circuit, Texas, Texas Eastern District

April 18, 2016

Potential Tort Claims Are Not Estate Property

Not knowing a cause of action exists sometimes keeps a tort claim out of the estate.

2nd Circuit, New York, New York Eastern District

April 16, 2016

Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning

High court should revisit Kelly v. Robinson from 1986, circuit court says.

9th Circuit

April 16, 2016

Lower Courts Split on Nondischargeability of Education-Related Loans

New York judges narrowly define ‘educational benefit’ to discharge student loans.

2nd Circuit, New York, New York Eastern District

April 15, 2016

Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7

Question left open in Harris v. Viegelahn decided against debtor in chapter 11.

7th Circuit, Wisconsin, Wisconsin Western District

April 15, 2016

Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)

Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.

6th Circuit, Tennessee, Tennessee Eastern District

April 14, 2016

New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan

Split in lower courts now tilts toward precluding forced title vesting in chapter 13.

2nd Circuit, New York, New York Eastern District

April 14, 2016

Romance Can Lead to Marriage, but Not to a Nondischargeable Debt

Infatuation negates reliance in alleged fraud between lovers.

4th Circuit, Maryland

April 13, 2016

Aircraft Lenders Lose Again on Requiring Compliance with Return Provisions

New York judge summarizes prior decisions about returning surplus aircraft.

2nd Circuit, New York, New York Southern District

April 12, 2016

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion

Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.

9th Circuit