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ABI Journal

August 07, 2019

A Judgment Lien on Entireties Property Isn’t Avoidable in Illinois, Seventh Circuit Says

A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.

7th Circuit, Illinois

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 25, 2019

Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants

Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.

5th Circuit

July 17, 2019

Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim

Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.

8th Circuit, Missouri, Missouri Western District

July 10, 2019

Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract

Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.

5th Circuit, Mississippi, Mississippi Southern District

July 09, 2019

Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.

Supreme Court

July 02, 2019

Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds

On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.

7th Circuit

June 25, 2019

Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds

The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.

3rd Circuit

June 21, 2019

Seventh Circuit Solidifies a Circuit Split on the Automatic Stay

Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.

7th Circuit

June 20, 2019

Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says

Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.

5th Circuit