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ABI Journal

September 02, 2025

Third Circuit Dissenter Says that Bankruptcy Judges ‘Assist’ Article III Judges

The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.

3rd Circuit

August 29, 2025

Third Circuit: Confirmation Order Was Res Judicata Between Third Parties

The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.

3rd Circuit

August 28, 2025

On Panel Rehearing, Third Circuit Permits Reopening a 22-Year-Old Case

Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.

3rd Circuit

August 25, 2025

Another Judge Will Hold a Status Conference to Hear from Sex Abuse Survivors

Bankruptcy Judge Harner of Baltimore and Sacramento’s Bankruptcy Judge Klein have both authorized status conferences allowing abuse survivors to address the court and the church.

Maryland

August 19, 2025

Allowed Claim Can’t Be Used Offensively, Second Circuit Says

Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.

2nd Circuit

August 18, 2025

11th Circuit Upholds Its Rule that There’s No Equitable Tolling for Dischargeability Complaints

The opinion reads like an invitation for the Eleventh Circuit to sit en banc and reconsider circuit authority holding that a claims-processing deadline is not subject to equitable tolling.

11th Circuit

July 31, 2025

A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

Kansas

July 25, 2025

A Lender Can’t Have a Lien on Avoidance Actions, District Judge Says

Just because an avoidance action is prepetition property under Section 541(a)(1) doesn’t mean that a lender can have a lien on the avoidance action as a general intangible, district judge says in affirming Bankruptcy Judge Thad Collins.

Iowa Northern District

July 02, 2025

A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

9th Circuit

June 30, 2025

Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan

Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.

6th Circuit, Tennessee, Tennessee Middle District