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ABI Journal

May 19, 2022

Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says

The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.

9th Circuit

May 17, 2022

Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.

11th Circuit, Florida, Florida Southern District

May 16, 2022

Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says

Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.

10th Circuit, Colorado

May 10, 2022

Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes

Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.

1st Circuit

May 02, 2022

Liens on Impounded Cars Are Judicial Liens that May Be Avoided, Seventh Circuit Says

The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.

7th Circuit

April 29, 2022

Fourth Circuit Rejects Frontal Assault on In Pari Delicto as a Bar to Suits by a Trustee

Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.

4th Circuit

April 28, 2022

District Judge Barred Redesignation to SBRA in a Case Pending 16 Months

Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.

2nd Circuit, New York, New York Eastern District

April 27, 2022

Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable

The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.

9th Circuit

April 26, 2022

Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold

Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.

8th Circuit, Iowa, Iowa Northern District

April 25, 2022

Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court

This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.

9th Circuit