Practice and Procedure | ABI

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Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)

Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.

Court :

Illinois Southern District

Some or All Parties-in-Interest? The Gradual Evolution of Factors Considered in Debtors’ Involuntary Conversions

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Although Interlocutory, Orders Refusing to Compel Arbitration Can Be Appealed

An appeal brewing in West Virginia may give the Fourth Circuit an opportunity to decide when or whether arbitration agreements are enforceable in bankruptcy.

Court :

It’s Not Easy for a Lender to Block an LLC from Filing Bankruptcy

A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.

Court :

Texas Northern District

DocuSign Not Permitted Absent Existence of the Document with a ‘Wet’ Signature

As a general rule, counsel must show the existence of a document with a ‘wet’ signature to use an electronically signed version in court.

Court :

California Eastern District

Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.

Court :

Pennsylvania Eastern District

Seventh Circuit Upholds $9.5 Million in Sanctions for Violating a Plan Injunction

When there was a knowing violation of injunctions in the plan and confirmation order, the Seventh Circuit said that the appeal bordered on frivolous.

Court :

Revlon Says: Creditors Lack Standing to Assert Claims of ‘General Interest to the Estate’

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

Court :

New York Southern District

First Circuit Writes a Treatise on the Elements of Judicial Estoppel

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

Court :

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Discharge/Dischargeability

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