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ABI Journal

August 10, 2018

First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple

Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.

1st Circuit

August 09, 2018

FDCPA Applies to Debt Collectors Even if They Own the Debt

Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.

3rd Circuit

August 08, 2018

Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says

Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).

11th Circuit, Florida, Florida Southern District

July 11, 2018

Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection

Do free and clear sales confer interests that are entitled to adequate protection?

7th Circuit

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 21, 2018

Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens

Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.

5th Circuit

June 15, 2018

Second and Eleventh Circuits Agree: Fuel Subcontractors Don’t Have Maritime Liens

Notions of equity go out the window when the issue is maritime liens.

2nd 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 13, 2018

Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says

BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.

9th Circuit