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ABI Journal

Rochellel's Daily Wire

July 27, 2022

No De Novo Review of Discovery Sanctions After the Reference Is Withdrawn

An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.

8th Circuit, Minnesota

June 02, 2022

Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements

Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.

8th Circuit, Minnesota

April 26, 2022

Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold

Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.

8th Circuit, Iowa, Iowa Northern District

April 18, 2022

FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It

Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.

8th Circuit, Iowa, Iowa Northern District

November 16, 2021

Split Widens on Dischargeability for Third Party’s Violation of Securities Laws

Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).

8th Circuit, Minnesota

October 20, 2021

Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says

Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.

8th Circuit

August 10, 2021

Eighth Circuit Comes Near to Abolishing Equitable Mootness

Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.

8th Circuit

July 19, 2021

Tribal Law Defined the Nature of a Tribe Member’s Property Interest in Gaming Revenue

Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.

8th Circuit, Minnesota

June 25, 2021

Eighth Circuit BAP Approves the Amount of Bifurcated Fees Paid After Filing

Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.

8th Circuit

December 11, 2020

Courts Are Now Split on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business

Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.

8th Circuit, Missouri, Missouri Western District