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ABI Journal

August 21, 2017

Orders Reversing Confirmation Are Not Final and Not Appealable

Ninth Circuit ducks a chance to rule on ‘forced vesting.’

9th Circuit

August 18, 2017

Spokeo Heading for an Encore in the Supreme Court

Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.

9th Circuit

August 15, 2017

Existence of a Committee Precludes Tolling the Statute for Adverse Domination

The statute is tolled only if the creditors’ committee is denied standing to sue.

7th Circuit

August 14, 2017

District Judge Limits Second Circuit Rule on Standing for Successorship Claims

GM’s ignition switch fiasco continues making bankruptcy law on deprivation of the constitutional right to notice.

2nd Circuit, New York, New York Southern District

August 14, 2017

Supreme Court Will Not Resolve Circuit Split on Recharacterization

A settlement prompts the high court to ditch a case deciding whether state or federal law governs recharacterization.

Supreme Court

August 11, 2017

Presumptively Fraudulent Transfer Isn’t Enough to Appoint a Trustee, First Circuit Holds

First Circuit is uncharacteristically lenient on debtors in the context of a motion for a trustee.

1st Circuit

August 07, 2017

Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia

A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.

11th Circuit, Georgia, Georgia Northern District

August 01, 2017

Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order

Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.

9th Circuit

July 31, 2017

Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender

Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.

11th Circuit, Florida, Florida Southern District

July 26, 2017

Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue

Chapter 11 committees achieve standing more readily than chapter 13 debtors.

1st Circuit, Massachusetts