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ABI Journal

October 04, 2021

On an ‘Involuntary,’ Denial of Summary Judgment Doesn’t Mean the Claim Is Disputed

The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.

5th Circuit, Texas, Texas Southern District

September 23, 2021

Bankruptcy Court Doesn’t Have Exclusive Jurisdiction over Fraudulent Transfer Suits

The Nevada Supreme Court correctly unpacked the confusing notions of bankruptcy jurisdiction and the division of authority between district and bankruptcy courts.

9th Circuit, Nevada

August 19, 2021

First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money

Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.

1st Circuit

July 02, 2021

Sovereign Immunity Prevailed Because a Slot Machine License Isn’t ‘Property’

In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.

3rd Circuit

June 30, 2021

Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay

Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.

9th Circuit

June 23, 2021

Judge Glenn Explains When Structured Dismissals and Comfort Orders Are Ok

Jevic didn’t ban structured dismissals when there is no violation of the rules of priority and the alternatives would create greater administrative insolvency.

2nd Circuit, New York, New York Southern District

June 18, 2021

Barton Protection Ends When the Bankruptcy Case Closes, Eleventh Circuit Says

Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.

11th Circuit

June 07, 2021

In ‘Related To’ Jurisdiction, District Court Applies the Bankruptcy Rules, Circuit Says

If the district court is adjudicating a suit with “related to” jurisdiction under 28 U.S.C. § 1334(b), the district court applies the Bankruptcy Rules, not the Federal Rules, the First Circuit says.

1st Circuit

April 12, 2021

Ninth Circuit BAP and a Brooklyn District Judge Agree on Removal to the Bankruptcy Court

Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.

9th Circuit

March 12, 2021

Trustees Don’t Need a Pecuniary Interest to Have Standing to Appeal, Fifth Circuit Says

Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.

5th Circuit