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ABI Journal

Rochellel's Daily Wire

May 14, 2018

Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

11th Circuit

May 11, 2018

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

4th Circuit

May 10, 2018

Accelerating Payments Defeats the ‘Ordinary Course’ Defense

Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.

3rd Circuit

May 10, 2018

Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.

9th Circuit

May 09, 2018

A Fraudulent Transfer Complaint Doubles as an Exemption Objection

To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.

9th Circuit

May 09, 2018

California Judge Lays Out Rules for Jury Trials in Bankruptcy Court

Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.

9th Circuit, California, California Central District

May 08, 2018

Three Circuits Approve Extraterritorial Application of a State’s Exemptions

Fourth Circuit avoids a result that would have left some debtors ineligible for any exemptions.

4th Circuit

May 08, 2018

Bankruptcy Judge Predicts Circuit Split on Substantive Consolidation with Nondebtors

Seventh Circuit is averse to creating remedies under Section 105, Bankruptcy Judge Hollis says.

7th Circuit, Illinois, Illinois Northern District

May 07, 2018

Debtors Benefit When Trust Law Meets Bankruptcy Law

A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.

6th Circuit

May 04, 2018

Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA

Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.

1st Circuit, Puerto Rico