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ABI Journal

January 17, 2019

Setoff Doesn’t Apply to Mutual Debts and Credits in Agricultural Commodities

Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.

2nd Circuit

January 15, 2019

Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA; Homeowners Might Win

If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.

Supreme Court

January 08, 2019

Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7

The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.

6th Circuit

December 12, 2018

Equitable Mootness Applies to Chapter 9 Municipal Debt Adjustments, Ninth Circuit Says

‘Adamant’ dissenter argues that condemnation claims arising from eminent domain are excepted from discharge under the Takings Clause.

9th Circuit

December 10, 2018

Loss of Voting Rights Must Be Expressly Stated to Be Enforceable, District Judge Says

MPM Silicones makes law again, this time on subordination of junior secured lenders.

2nd Circuit, New York, New York Southern District

November 30, 2018

Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment

A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.

6th Circuit

November 28, 2018

Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees

Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.

3rd Circuit, Delaware

November 27, 2018

Courts Split on Arbitrating Dischargeability of Student Loans

Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.

7th Circuit, Indiana, Indiana Southern District

November 21, 2018

Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says

Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.

4th Circuit

November 19, 2018

Triangular Setoff Barred (Again) in Delaware

A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).

3rd Circuit, Delaware