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ABI Journal

August 26, 2025

Second Circuit Extends the Section 546(e) Safe Harbor to Cover Foreign Law

Second Circuit dismisses the last of 300 lawsuits by foreign liquidators to recover $6 billion for defrauded Madoff investors.

2nd Circuit

July 24, 2025

Delaware’s Judge Silverstein Writes an Opinion with Stuff on Practice and Procedure

A trustee could sue on behalf of a dissolved Delaware corporation.

July 07, 2025

Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says

To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.

9th Circuit

May 13, 2025

A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7

After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.

10th Circuit, New Mexico

April 30, 2025

Fraudulent ‘Omission’ Isn’t a ‘Statement’ for Nondischargeability Purposes, BAP Says

If a fraudulent omission were a ‘statement,’ the BAP explains why nondischargeability would be almost impossible to prove.

9th Circuit

April 11, 2025

In Pari Delicto Defense Doesn’t Apply to a Trustee Exercising Avoidance Powers

Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.

9th Circuit, California, California Central District

March 11, 2025

For Fraudulent Transfers, Retailers Needn’t Police Who Receives Value from the Purchase

Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.

7th Circuit, Illinois, Illinois Central District

February 12, 2025

Judgment Liens Based on Nondischargeable Debts May Be Avoided as ‘Impairments’

A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.

9th Circuit, Arizona

January 07, 2025

Debt Held Nondischargeable as to Someone Who Didn’t Commit a Defalcation

Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.

9th Circuit, Hawaii

December 09, 2024

Having Committed Fraud Doesn’t Prevent a Debtor from Vacating a Judicial Lien

If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?

10th Circuit, New Mexico