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ABI Journal

Practice and Procedure

Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment

Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.

3rd Circuit

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel

Conversion to chapter 7 bars judicial estoppel on claim arising after filing.

5th Circuit
Texas
Texas Northern District

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit
Arkansas
Arkansas Eastern District
Monday, May 2, 2016
Article Tags
Court Administration
Practice and Procedure
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Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

3rd Circuit

Views from the Bench

Bankruptcy Code
101
328
330
503
507
1101
Topics
Alternative Dispute Resolution
Creditors' Committee
Plan Confirmation
Practice and Procedure
Professional Compensation/Fees

Links

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Eighth Circuit Ignores Supreme Court’s Loose Language in Harris

Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.

8th Circuit

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit
Delaware

Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate

Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.

6th Circuit
Michigan
Michigan Eastern District

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

5th Circuit
Texas
Texas Western District
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