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ABI Journal

Consumer Bankruptcy

Monday, August 5, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
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Split Fourth Circuit Panel Bars Use of Equity to Correct an Oversight in Retention

The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).

4th Circuit
Thursday, August 1, 2024
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab

Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.

9th Circuit

Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure

Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.

3rd Circuit
New Jersey

Inside ABI August 2024

Aug 2024

Topic Tags
Consumer Bankruptcy
Business Reorganization

Legislative Hightlights August 2024

Aug 2024

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance

The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.

10th Circuit
Friday, July 26, 2024
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Benchnotes September 2024

Sept 2024

Bankruptcy Code
11 U.S.C. § 105
525
1123
1327
1328
Topic Tags
Automatic Stay
Plan Confirmation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Business Reorganization
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