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ABI Journal

Rochellel's Daily Wire

March 09, 2017

Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery

Ninth Circuit majority goes for a difficult issue when an easier answer was available.

9th Circuit

March 08, 2017

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

6th Circuit

March 07, 2017

Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?

Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?

3rd Circuit

March 06, 2017

Paying a Retainer by Credit Card Does Not by Itself Violate Section 526(a)(4)

Judge ok’s scheme sticking a credit card lender with the retainer for the debtor’s lawyer.

March 03, 2017

Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

Financial professional was held to a higher standard in valuing estate assets.

4th Circuit

March 02, 2017

PACA Circuit Split Heading for En Banc Rehearing or Certiorari Petition

Two judges urge Ninth Circuit to overrule precedent and line up with other circuits.

9th Circuit

March 01, 2017

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

10th Circuit

March 01, 2017

Allowing WARN Claims in Liquidating Chapter 11s, Chicago Judge Splits with Third Circuit

Judge adheres to plain language of agency commentary as though it were a statute.

7th Circuit, Illinois, Illinois Northern District

February 28, 2017

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

9th Circuit

February 28, 2017

Federal Judgment Rate Is Employed when Claims Are Paid in Full

Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).

11th Circuit, Georgia, Georgia Northern District