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ABI Journal

August 29, 2019

‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says

Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.

5th Circuit

August 26, 2019

Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property

BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.

9th Circuit

August 23, 2019

Debt Discharged in Prior Chapter 7 Isn’t Counted in Later Chapter 13 Eligibility

In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.

August 22, 2019

Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use

Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.

11th Circuit

August 20, 2019

District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.

August 19, 2019

A Michigan Stay Opinion Raises Contempt Issues from the Supreme Court

Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?

August 16, 2019

Seventh Circuit Opinion on Contempt Raises Questions under Taggart

On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?

7th Circuit

August 15, 2019

Fourth Circuit Widens the Split on Judicial Estoppel’s Bad Faith Presumption

A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.

August 09, 2019

Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

1st Circuit

August 08, 2019

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’

9th Circuit