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ABI Journal

Practice and Procedure

Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel

Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.

5th Circuit
Louisiana

Final Order of Dismissal Makes Other Appeals Constitutionally Moot

Ninth Circuit adopts Eighth Circuit test for constitutional mootness.

9th Circuit

Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible

Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.

Supreme Court

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

10th Circuit
Oklahoma
Oklahoma Western District

District Court Upholds Procedures for Suspending a Panel Trustee

Panel trustee suspended for unfair, harsh, accusatory examination of debtors.

2nd Circuit
New York
New York Southern District
Wednesday, May 18, 2016
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Practice and Procedure
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Volunteers Needed for Amicus Briefs in Ninth Circuit Rehearing on Power of BAPs

Ninth Circuit needs guidance from scholars on the status of bankruptcy appellate panels.

9th Circuit

Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue

Showing violation of a federal statute might not itself entitle a consumer to sue.

Supreme Court
Monday, May 16, 2016
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Practice and Procedure
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Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says

Denial of arbitration is not a ‘final order’ requiring district court action.

9th Circuit
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