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March 08, 2017
Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify
Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.
6th Circuit
March 07, 2017
Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?
Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?
3rd Circuit
March 01, 2017
Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral
Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.
10th Circuit
February 28, 2017
Judgments for Malice in California Aren’t Nondischargeable Automatically
Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.
9th Circuit
February 27, 2017
Bar Date Not Extended Three Days for Service by Mail
As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.
11th Circuit
,
Alabama
,
Alabama Middle District
February 23, 2017
For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale
Constructive notice deprived a purchaser of ‘bona fide’ status.
7th Circuit
,
Wisconsin
,
Wisconsin Eastern District
February 22, 2017
Odds Decline that Supreme Court Will Review Second Circuit Opinion in GM Bankruptcy
Claimants say GM misstep was a ‘black swan’ event not worthy of Supreme Court review.
Supreme Court
Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute
Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.
1st Circuit
,
Puerto Rico
February 17, 2017
Supreme Court Unlikely to Decide Whether Claim Purchaser Takes Seller’s Insider Status
Solicitor General says that Ninth Circuit correctly held that purchaser of an insider’s claim doesn’t automatically become an insider.
Supreme Court
February 15, 2017
Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim
Clever strategy failed to limit a debtor’s personal liability.
8th Circuit
,
Missouri
,
Missouri Western District
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