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ABI Journal

Practice and Procedure

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?

Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

Bar Date Not Extended Three Days for Service by Mail

As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.