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ABI Journal

Claims

Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy

In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.

Wednesday, April 20, 2022
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Wednesday, April 20, 2022
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In re Décor Holdings, Inc.: A Roadmap for the Ordinary-Course-of-Business Defense

Section 547(c)(2)(A) of the Bankruptcy Code, often referred to as the “subjective OCB defense,” provides a defense to a preference suit if the defendant can show that the challenged payments made during the 90-day preference period are sufficiently consistent with the historical payments made by the debtor to the defendant.

Tuesday, April 19, 2022
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Tuesday, April 19, 2022
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U.S. Trustee Does Not Have Unilateral Authority to Deviate from a Bankruptcy Court’s Order, but Can the U.S. Trustee Disband a Creditors’ Committee?

Under the Bankruptcy Code, the U.S. Trustee [1] has the power to appoint a committee. [2] Section 1102(a)(1) of the Bankruptcy Code requires U.S. Trustees to appoint a committee of creditors holding unsecured claims in all cases “as soon as practicable after the order for relief....” [3]

Monday, April 18, 2022
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Friday, April 15, 2022
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Friday, April 15, 2022
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