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ABI Journal

March 19, 2024

Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption

The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.

11th Circuit

March 15, 2024

Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

4th Circuit, North Carolina, North Carolina Eastern District

March 14, 2024

Creditor Hit with $826,000 in Sanctions for Filing a Meritless Proof of Claim

Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.

5th Circuit, Texas, Texas Northern District

March 13, 2024

Mainland Chinese Company Wins Foreign Main Chapter 15 Recognition in New York

With no opposition, a mainland Chinese company with an approved arrangement in Hong Kong might win foreign main recognition in the U.S.

2nd Circuit, New York, New York Southern District

March 11, 2024

Committees Don’t Dissolve Automatically on Chapter 11 Dismissal, District Judge Says

Bucking the weight of authority, a district judge allowed an equity committee to appeal dismissal of a chapter 11 case, where the committee wanted a chapter 11 trustee rather than dismissal.

2nd Circuit, New York, New York Northern District

March 07, 2024

Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.

3rd Circuit, Delaware

March 05, 2024

Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue

Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?

9th Circuit

March 04, 2024

A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.

6th Circuit

March 01, 2024

A Foreign Branch of an FDIC-Insured U.S. Bank Is Ineligible for Chapter 15

A foreign branch of a U.S. bank isn’t a foreign bank eligible for chapter 15.

2nd Circuit, New York, New York Southern District

February 28, 2024

Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute

In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.

10th Circuit