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ABI Journal

January 25, 2021

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

January 08, 2021

Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.

January 04, 2021

Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.

December 18, 2020

By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.

December 14, 2020

Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.

December 08, 2020

Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.

December 02, 2020

New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.

November 27, 2020

The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.

November 23, 2020

An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.

November 09, 2020

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).