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ABI Journal

Rochellel's Daily Wire

November 20, 2019

A Fugitive’s Civil Bankruptcy Appeal Can Be Dismissed, Sometimes

The ‘fugitive disentitlement doctrine’ does not allow a federal court to dismiss an appeal because of a fugitive’s contempt of a state court order, the First Circuit rules.

1st Circuit

November 15, 2019

First Circuit Starkly Holds that Tuition for an Adult Child Is a Fraudulent Transfer

The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.

1st Circuit

November 12, 2019

First and Second Circuits Agree: Trustees Alone May Sue Ponzi Scheme Net Winners

Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.

1st Circuit

September 30, 2019

First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds

Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.

1st Circuit, Puerto Rico

September 27, 2019

Proceeds of Exempt Property Retain Exempt Status in Chapter 7, District Judge Says

District judge in Maine follows the Fifth Circuit by ruling that the post-petition sale of exempt property does not destroy the exempt status of the proceeds.

1st Circuit, Maine

September 12, 2019

Boston Judge Suggests Procedures for Removing Uncertainty from Section 365(p)

Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).

1st Circuit, Massachusetts

August 09, 2019

Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

1st Circuit

August 06, 2019

First Circuit Puerto Rico Bondholder Opinion Is Primed for Certiorari

Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.

1st Circuit

July 08, 2019

Different Rules Govern When Claims Accrue By or Against an Estate

Like physics, bankruptcy searches for a unified theory to explain claims by and against the estate.

1st Circuit, Massachusetts

June 26, 2019

First Circuit Nixes Another Attempt at Unraveling Puerto Rico’s Debt Arrangement

The logical court to challenge the constitutionality of PROMESA isn’t the PROMESA court itself.

1st Circuit