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ABI Journal

October 01, 2019

Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already

Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.

3rd Circuit, New Jersey

September 26, 2019

Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims

W.R. Grace makes more law on channeling injunctions.

3rd Circuit, Delaware

September 18, 2019

New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules

Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.

3rd Circuit, New Jersey

September 16, 2019

Seventh Circuit Splits with the First Circuit on Sufficiency of Financing Statements

Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.

7th Circuit

September 11, 2019

Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says

Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.

9th Circuit

September 10, 2019

Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says

Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.

2nd Circuit, New York, New York Southern District

September 09, 2019

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

9th Circuit

September 06, 2019

May a Trustee Recover Proceeds from Fraudulently Transferred Property?

Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.

10th Circuit, Kansas

August 16, 2019

Seventh Circuit Opinion on Contempt Raises Questions under Taggart

On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?

7th Circuit

August 14, 2019

Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.

11th Circuit