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ABI Journal

May 09, 2016

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel

Conversion to chapter 7 bars judicial estoppel on claim arising after filing.

5th Circuit, Texas, Texas Northern District

May 05, 2016

Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction

Exhaustion of state and federal administrative remedies are not the same, judge says.

4th Circuit, Virginia, Virginia Eastern District

May 04, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit, Arkansas, Arkansas Eastern District

March 08, 2016

Removing an Employee Benefit Plan Trustee Is Proper in District Court

Courts continue disregarding Section 704(a)(11) as grounds for jurisdiction.

1st Circuit, Puerto Rico

February 10, 2016

Agency Proceedings Give Rise to Judicial Liens Avoidable When Impairing Exemptions

Milwaukee judge pens a debtor-friendly opinion on judicial liens.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 04, 2016

Successor Liability Overrides Sale Free and Clear on Labor Law Claim

363 sale provides no protection from a union’s claim for successor liability.

9th Circuit, Washington, Washington Western District

January 19, 2016

Expired Union Contract Can Be Rejected, Third Circuit Holds in Trump Chapter 11

Bankrupt employers get a boost from the Third Circuit for negotiations with labor unions.

December 22, 2015

Subordination Clause Held Ineligible for Arbitration

Creditors bat 500 this fall when trying to compel arbitration in the Southern District of New
York.

2nd Circuit, New York, New York Southern District