Skip to main content
Help Center
ABI Journal

Practice and Procedure

Tuesday, June 4, 2019
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Practice and Procedure
Discharge/Dischargeability
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
Tuesday, June 4, 2019
Article Tags
Asset Sales
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Business Reorganization
Retail
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
Tuesday, June 4, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
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

Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes

Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.

5th Circuit

FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy

A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.

6th Circuit
Ohio
Ohio Northern District

Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer

Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.

5th Circuit

Extending the Automatic Stay: Nothing Unusual About Nondebtors

June 2019

Topic Tags
Practice and Procedure
Business Reorganization
Tuesday, May 28, 2019
Article Tags
Corporate Governance
Court Administration
Ethics
Practice and Procedure
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

Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy

New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.

6th Circuit
Article Tags
Court Administration
Practice and Procedure
Business Reorganization

Full ABI Journal article. (Membership required.)

Subscribe to %1