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ABI Journal

August 29, 2017

Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

August 24, 2017

Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context

Second Circuit holds a dress rehearsal for a major arbitration decision.

2nd Circuit

August 23, 2017

‘Related To’ Jurisdiction Exists over Lien Dispute Between a Creditor and Its Lawyers

Delaying confirmation wasn’t grounds to abstain.

1st Circuit, Massachusetts

August 22, 2017

Arbitration Ordered Although Creditor Filed a Proof of Claim

District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.

8th Circuit, Arkansas, Arkansas Eastern District

August 21, 2017

Orders Reversing Confirmation Are Not Final and Not Appealable

Ninth Circuit ducks a chance to rule on ‘forced vesting.’

9th Circuit

August 18, 2017

Spokeo Heading for an Encore in the Supreme Court

Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.

9th Circuit

August 15, 2017

Existence of a Committee Precludes Tolling the Statute for Adverse Domination

The statute is tolled only if the creditors’ committee is denied standing to sue.

7th Circuit

August 14, 2017

District Judge Limits Second Circuit Rule on Standing for Successorship Claims

GM’s ignition switch fiasco continues making bankruptcy law on deprivation of the constitutional right to notice.

2nd Circuit, New York, New York Southern District

August 14, 2017

Supreme Court Will Not Resolve Circuit Split on Recharacterization

A settlement prompts the high court to ditch a case deciding whether state or federal law governs recharacterization.

Supreme Court

August 11, 2017

Presumptively Fraudulent Transfer Isn’t Enough to Appoint a Trustee, First Circuit Holds

First Circuit is uncharacteristically lenient on debtors in the context of a motion for a trustee.

1st Circuit