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ABI Journal

Rochellel's Daily Wire

January 22, 2016

Third Circuit Pens a Treatise on Burden of Production

Third Circuit decision written by no Third Circuit judges

3rd Circuit

January 21, 2016

Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly

Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit.

5th Circuit

January 21, 2016

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit, Virginia, Virginia Western District

January 21, 2016

UCC Inapplicable to Define ‘Received’ for 20-Day Administrative Claims in Foreign Trade

Foreign sellers take note: State law may confer more benefit than international law.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

January 20, 2016

Lenders Win Again, Beating Back Forced Vesting of Title through Chapter 13

Massachusetts judges disagree on ‘forced vesting’ in chapter 13 plan.

1st Circuit, Massachusetts

January 20, 2016

Involuntary Dismissed to Prevent Using Court Like a ‘Rented Battlefield’

Manhattan judge won’t allow using the court like a collection agency in two-party dispute.

2nd Circuit, New York, New York Southern District

January 19, 2016

Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition

Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing.

2nd Circuit, New York, New York Southern District

January 19, 2016

Homestead Owned by a Trust Can Be an Exempt Homestead in Illinois

Trust must be carefully drafted in Illinois to retain the entireties exemption.

7th Circuit, Illinois, Illinois Northern 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.

January 15, 2016

No ‘Innocent Insider’ Exception to In Pari Delicto in New York, Judge Holds

New York becomes even more inhospitable to trustees facing in pari delicto defense.

2nd Circuit, New York, New York Southern District