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ABI Journal

November 21, 2018

Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says

Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.

4th Circuit

November 13, 2018

Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines

The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.

8th Circuit, Missouri, Missouri Eastern District

November 08, 2018

New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.

3rd Circuit, New Jersey

November 07, 2018

Invocation of Rooker-Feldman Requires Finality in the State Court Judgment

Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.

11th Circuit

November 02, 2018

Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments

The bankruptcy court is no longer a court of equity; here’s another example.

10th Circuit, Kansas

November 01, 2018

Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says

Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.

6th Circuit

October 31, 2018

Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds

Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.

5th Circuit

October 30, 2018

Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline

A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.

7th Circuit, Illinois, Illinois Northern District

October 25, 2018

Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent

Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.

October 24, 2018

Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’

Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.

Supreme Court