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ABI Journal

Rochellel's Daily Wire

September 20, 2018

Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans

‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.

7th Circuit, Indiana, Indiana Southern District

September 19, 2018

Being Employed Isn’t Enough to Salvage an Individual’s Chapter 11 Discharge

Appeals court talks about discharging a debt when the issue is denial of discharge.

9th Circuit

September 18, 2018

Third Circuit Upholds Revocation of $275 Million Breakup Fee

Third Circuit creates a high standard for revoking a vested contract right.

3rd Circuit

September 17, 2018

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims

Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.

5th Circuit, Texas, Texas Northern District

September 14, 2018

Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says

Courts are divided when an exemption claim collides with the government’s right of setoff.

4th Circuit, Virginia, Virginia Eastern District

September 13, 2018

Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300

Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.

4th Circuit, North Carolina, North Carolina Eastern District

September 12, 2018

Major Automatic Stay Issue Inches Toward the Supreme Court

Chicago parking ticket cases to be resolved in the Seventh Circuit.

7th Circuit, Illinois, Illinois Northern District

September 11, 2018

Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition

BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.

9th Circuit

September 10, 2018

Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness

Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’

4th Circuit

September 07, 2018

Avoiding Powers Under PROMESA May Be Applied Retroactively

Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.

1st Circuit, Puerto Rico