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ABI Journal

February 19, 2016

Madoff Trustee Beats Back Another End Run Around $7.2 Billion Settlement

Someone who pays $7.2 billion is entitled to a court’s sympathy and protection.

2nd Circuit, New York, New York Southern District

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit, Illinois, Illinois Northern District

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

February 08, 2016

Florida Bankruptcy Judge Splits with Seventh Circuit on Attorney/Client Privilege

Client questionnaires are held to be protected by the attorney/client privilege.

11th Circuit, Florida, Florida Southern District

February 01, 2016

A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable

Perhaps a civil contempt order should sometimes be final in bankruptcy.

9th Circuit, California, California Central District

January 13, 2016

Fatally Defective Complaint Can Still Have ‘Related To’ Jurisdiction

Fifth Circuit warns about conflating jurisdiction and the merits.

5th Circuit

January 12, 2016

Assignee for Creditors Has No Power to File Bankruptcy, 11th Circuit Says

Powers of an assignee for creditors are restrictive, not expansive.

11th Circuit

January 11, 2016

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit

January 05, 2016

Seventh Circuit Lays Down an Easy Standard for Enjoining Suits Against Third Parties

Posner singlehandedly turns Chicago into a more desirable forum for large chapter 11s.

7th Circuit

January 05, 2016

Coal Producer Walter Energy Authorized to Terminate Union Contracts and Benefits

Donald Trump represents hope for coal miners, but not for reasons you might think, judge says.

11th Circuit, Alabama, Alabama Northern District