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ABI Journal

July 05, 2016

Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale

Courts split on whether failure to redeem on time is fatal in a reorganization.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

June 28, 2016

Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans

Having avoided chapter 11 cases, the high court will tackle a major reorganization issue.

June 24, 2016

Claim Objections Are Permissible in Chapter 13 After Plan Confirmation

Tulsa judge permits leisurely objections to unsecured claims in chapter 13.

10th Circuit, Oklahoma, Oklahoma Northern District

June 07, 2016

Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?

Courts use four approaches to harmonize Butner with Segal v. Rochelle.

3rd Circuit, Pennsylvania, Pennsylvania Western District

May 26, 2016

Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA

Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.

11th Circuit

May 25, 2016

Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible

Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.

Supreme Court

May 23, 2016

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

10th Circuit, Oklahoma, Oklahoma Western District

May 20, 2016

Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13

Rule 3002(c) has the only permissible grounds for allowing a late claim.

6th Circuit

May 16, 2016

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

4th Circuit, North Carolina, North Carolina Eastern District

May 04, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit, Arkansas, Arkansas Eastern District