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ABI Journal

November 20, 2019

A Fugitive’s Civil Bankruptcy Appeal Can Be Dismissed, Sometimes

The ‘fugitive disentitlement doctrine’ does not allow a federal court to dismiss an appeal because of a fugitive’s contempt of a state court order, the First Circuit rules.

1st Circuit

November 18, 2019

Supreme Court Grapples with ‘Finality’ in Ritzen v. Jackson Masonry

Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.

Supreme Court

November 15, 2019

First Circuit Starkly Holds that Tuition for an Adult Child Is a Fraudulent Transfer

The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.

1st Circuit

November 13, 2019

A Motion to Dismiss an Involuntary Petition Only Postpones Filing a Creditor List

Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.

9th Circuit

November 12, 2019

First and Second Circuits Agree: Trustees Alone May Sue Ponzi Scheme Net Winners

Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.

1st Circuit

November 05, 2019

Case Shows How Taggart Tilted the Scale Toward Lenders Accused of Contempt

An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.

6th Circuit, Michigan, Michigan Western District

November 01, 2019

BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

9th Circuit

October 31, 2019

Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars

Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.

3rd Circuit

October 23, 2019

Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation

The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.

9th Circuit

October 15, 2019

Sanctions Imposed on a Law Firm Retained under a Fictitious Name

Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.

3rd Circuit, Delaware