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ABI Journal

Consumer Bankruptcy

Defectively Executed Mortgages Are [Still] Avoidable in Ohio

Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.

6th Circuit

A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay

A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.

6th Circuit

Third Circuit Strips Debt Buyers of Defenses Under the FDCPA

Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.

3rd Circuit

Inside ABI March 2019

March 2019

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

Legislative Highlights March 2019

March 2019

Topic Tags
Legislation
Consumer Bankruptcy

Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

6th Circuit

Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers

Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’

3rd Circuit

The Supreme Court Refuses to Revisit Dewsnup

Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.

Supreme Court

Benchnotes April 2019

April 2019

Bankruptcy Code
11 U.S.C. § 363(m)
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Court Administration
Consumer Bankruptcy
Discharge/Dischargeability
Agriculture/PACA
Business Reorganization
Real Estate

Back, Back, Way Back…: Extending § 727(a)(2)(A)’s One-Year Look-Back Period

April 2019

Bankruptcy Code
727
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability
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