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ABI Journal

September 13, 2022

Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says

Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.

5th Circuit, Louisiana, Louisiana Eastern District

September 02, 2022

Collateral Estoppel Can Bar Use of Federal Rule 45 to Quash a Subpoena, Circuit Says

Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.

3rd Circuit

August 25, 2022

Bankruptcy Judge Finds Liability for a Municipality’s Denial of Due Process Rights

A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.

2nd Circuit, New York, New York Eastern District

August 10, 2022

Bankruptcy Removal Isn’t the Same as General Removal, Fifth Circuit Explains

Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.

5th Circuit

August 03, 2022

The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee

If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.

4th Circuit, North Carolina, North Carolina Western District

August 02, 2022

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

10th Circuit, Kansas

July 01, 2022

Four Circuits Now Permit Fraudulent Transfer Attacks on Real Estate Tax Foreclosures

Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.

2nd Circuit

June 21, 2022

Judge Walrath Describes Due Diligence to Plead After the Amendment to Section 547(b)

The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.

3rd Circuit, Delaware

May 20, 2022

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

2nd Circuit

May 19, 2022

Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says

The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.

9th Circuit