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ABI Journal

June 21, 2018

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

9th Circuit

June 20, 2018

Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award

Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.

9th Circuit

June 18, 2018

Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

11th Circuit, Florida, Florida Southern District

June 15, 2018

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

10th Circuit

June 15, 2018

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

9th Circuit

June 14, 2018

‘Cert’ Petition Wants Discharge Violations to Be Arbitrated

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

Supreme Court

June 12, 2018

First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.

1st Circuit

June 11, 2018

Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud

Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.

7th Circuit

June 07, 2018

Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake

Sympathy for a client won’t make up for counsel’s mistake.

11th Circuit, Georgia, Georgia Northern District

June 04, 2018

Islamic Law Informs the Court in Interpreting a Marital Contract

Courts split on the dischargeability of debts incurred in the course of divorce or separation.

2nd Circuit, New York