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ABI Journal

Rochellel's Daily Wire

December 15, 2015

Ninth Circuit Pens Generous Fee-Shifting Opinion for Contract Disputes

Corporate debtors anticipating disputes with secured lenders have a good reason for filing chapter 11 in California, assuming there is no need for an injunction barring suit against a
non-bankrupt third party.

December 15, 2015

No Fees After Confirmation and None Before Late Retention Application

Tenth Circuit has no sympathy for a forgetful lawyer.

December 15, 2015

Circuits Remain Unanimous in Permitting Chapter 20 Strip Off

Ninth Circuit permits chapter 20 end run on Dewsnup.

December 15, 2015

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.

11th Circuit, Florida, Florida Southern District

December 15, 2015

Using Untrained Personnel Is No Defense Against Willful Stay Violation

Simple mistake mushrooms into $50,000 in punitive damages for stay violation.

11th Circuit, Alabama, Alabama Middle District