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ABI Journal

Rochellel's Daily Wire

December 16, 2015

“Unqualified” Interest in Escrow Is Not Estate Property

Tenth Circuit issues narrow ruling on property interest in escrow account.

December 16, 2015

Personal Guaranty Unimpaired by Company’s Chapter 11 Plan

Tenth Circuit bars crafty evasion of a personal guaranty.

10th Circuit

December 16, 2015

Value Can Be Indirect to Defeat Fraudulent Transfer Claim, Circuit Holds

Eleventh Circuit protects an innocent supplier from a “gotcha” fraudulent transfer suit.

December 15, 2015

Ninth Circuit Overrules Sternberg to Allow Fees for Stay Violation Damage Suits

The Ninth Circuit quickly rectifies its own mistake by allowing creditors to recover counsel fees in suits to recover damages for automatic stay violations.

December 15, 2015

Third Circuit Widens Split on Bad-Faith Dismissal of Involuntary Petition

Third Circuit ditches an otherwise proper involuntary petition for creditors’ bad faith.

December 15, 2015

Sixth Circuit Splits with Third on Substantial Contribution in Chapter 7

Creditors, rejoice! Substantial contribution is rewarded, at least in the Sixth Circuit.

6th Circuit

December 15, 2015

Filing a Stale Claim Is Permitted Despite Crawford

District judge ignores the circuit’s policy argument to allow claims on time-barred debts.

December 15, 2015

Suit in Violation of the Stay Must Be Dismissed

Sixth Circuit is stricter than the Fifth when a suit violates the stay.

6th Circuit

December 15, 2015

Third Circuit Gift Plans Are Ok Because No Estate Property Is Involved

Priority creditors beware: The Third Circuit approves both structured dismissals and gift plans.

December 15, 2015

Ninth Circuit Won’t Protect Purchasers with Equitable Mootness

The Ninth Circuit provides another reason to avoid reorganizing on the west coast.

9th Circuit