Consumer Bankruptcy | ABI

Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense

Average daily sales suffice to show the date when new value was advanced.

Court :

Inside ABI October 2017

Topic Tags

Consumer Bankruptcy

En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy

Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.

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Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds

Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.

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Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer

Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.

Court :

Illinois Northern District

State Laws on Tracing Determine Whether Tax Refunds Are Exempt

Differing state laws govern the exemption of tax refunds for individuals.

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California Southern District

Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation

Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.

Court :

Pennsylvania Eastern District

Thursday, September 7, 2017

Article Tags

Consumer Bankruptcy

Business Reorganization

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Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7

After rehearing, the Fifth Circuit rediscovers the snapshot rule by giving finality to exemptions in chapter 7.

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Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding

The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.

Court :

Missouri Western District

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