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ABI Journal

September 12, 2018

Major Automatic Stay Issue Inches Toward the Supreme Court

Chicago parking ticket cases to be resolved in the Seventh Circuit.

7th Circuit, Illinois, Illinois Northern District

September 11, 2018

Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition

BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.

9th Circuit

September 06, 2018

Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan

Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.

3rd Circuit, Delaware

September 05, 2018

Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’

Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.

6th Circuit

September 04, 2018

Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).

9th Circuit

August 30, 2018

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production

Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.

5th Circuit, Texas, Texas Western District

August 29, 2018

A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition

By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.

9th Circuit

August 27, 2018

A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says

Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.

3rd Circuit

August 23, 2018

Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute

Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.

2nd Circuit

August 17, 2018

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers

Caution: Do not use heavy machinery. Reading this story may induce drowsiness.

3rd Circuit