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ABI Journal

August 22, 2025

Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says

An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.

10th Circuit

June 09, 2025

In Setting Aside a Tax-Lien Foreclosure, a Hypothetical Gave Standing to the Debtor

If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?

2nd Circuit, New York, New York Eastern District

March 28, 2025

Estimated Tax Payments Made Before Filing Aren’t Fraudulent Transfers to the IRS

When estimated tax payments are ‘reasonable’ estimates of the year’s taxes, they aren’t fraudulent transfers, district judge says

5th Circuit, Texas, Texas Western District

March 27, 2025

Supreme Court Holds: § 106(a) Doesn’t Waive Sovereign Immunity for § 544(b) Suits

In an 8-1 opinion, the Supreme Court holds that the waiver of sovereign immunity under Section 106(a) does not extend to suits brought by a trustee under state law standing in the shoes of an actual creditor.

Supreme Court

March 18, 2025

Class Actions: The Answer for Stay Violations with Small Damages for Each Debtor

A class action in Chicago will decide whether bankruptcy judges have the tools to rectify a single creditor’s violation of the rights of similarly situated debtors.

7th Circuit, Illinois, Illinois Northern District

March 03, 2025

Texaco’s 1988 Confirmation Didn’t Kill Environmental Suits Decades Later

New York’s Bankruptcy Judge David Jones reopened Texaco’s 1988 bankruptcy to ensure that state courts wouldn’t mistakenly decide that environmental claims were discharged

2nd Circuit, New York, New York Southern District

February 21, 2025

A District Court Decision Implies that Marshaling Is Impermissible in Bankruptcy

The circuits are split on whether a bankruptcy court can compel marshalling by the IRS.

5th Circuit, Texas, Texas Northern District

December 17, 2024

Forcing Sale of a Debtor’s Milk Quota Is No Stay Violation, First Circuit Says, Reversing District Court

The First Circuit applied the ‘collateral order doctrine’ to allow an appeal by the government when a private party would be stuck with a nonappealable, interlocutory order.

1st Circuit

December 05, 2024

Supreme Court Hears Argument on Allowing a Trustee to Sue the IRS for Fraudulent Transfers

Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).

Supreme Court

November 21, 2024

Jackson Walker May Depose the U.S. Trustee in the Fee Dispute over Nondisclosure

The bankruptcy judge in Houston denied the U.S. Trustee’s motion to quash deposition subpoenas in the fight over disgorgement of fees for failure to disclose an allegedly close relationship between the judge and a firm lawyer.

5th Circuit, Texas, Texas Southern District