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ABI Journal

Rochellel's Daily Wire

April 24, 2019

Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate

Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.

3rd Circuit, New Jersey

April 23, 2019

Supreme Court Won’t Intervene in Fight Between Jay Alix and McKinsey

Supreme Court will not rule on whether upholding the integrity of the judicial system by itself confers appellate standing.

Supreme Court

April 22, 2019

Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem

Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.

11th Circuit, Georgia, Georgia Northern District

April 19, 2019

Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split

Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.

5th Circuit, Mississippi, Mississippi Southern District

April 18, 2019

Delaware’s Judge Walrath Writes a Primer on Consignments

Perfecting a consignment is easy, but failing to do so is disastrous.

3rd Circuit, Delaware

April 17, 2019

Lenders Admonished to Demand Nothing More in Plans than the Law Allows

Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.

7th Circuit, Illinois, Illinois Northern District

April 16, 2019

Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah

Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.

10th Circuit, Utah

April 15, 2019

Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?

Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?

6th Circuit

April 13, 2019

Sovereign Immunity Doesn’t Insulate States from Lien Stripping

For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.

3rd Circuit, Pennsylvania, Pennsylvania Western District

April 12, 2019

New York Judge Gives Reasons for Nixing Nonconsensual, Third-Party Releases

Bankruptcy Judge Wiles explains the jurisdictional, statutory and constitutional reasons why nonconsensual releases are improper in the Second Circuit except in exceptional circumstances.

2nd Circuit, New York, New York Southern District