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ABI Journal

Practice and Procedure

Monday, July 26, 2021
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General Default Judgment Didn’t Satisfy Requirements of Issue Preclusion, Circuit Says

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

Friday, July 23, 2021
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Circuits Split on Finality of Rule 2004 Discovery Orders in Chapter 15 Cases

Citing Ritzen as the reason, the Eleventh Circuit disagreed with the Second Circuit regarding the finality of Rule 2004 discovery orders in chapter 15 cases.

Circuit Split on U.S. Trustee Fees Likely Won’t Reach the Supreme Court Until Fall 2022

Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.

Publication Notice Won’t Suffice for Creditors with Recorded Property Interests

Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.

IRA Withdrawals Aren’t Protected from Madoff Fraudulent Transfer Judgments

Madoff defendant socked with $280,000 in prejudgment interest for relitigating issues decided long ago.

Monday, July 12, 2021
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