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ABI Journal

Preferences

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

Release of a Subordinate Lien Held to Be ‘New Value’ for a Preference Defense

Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.

Venue in Small-Value Preference Cases After the SBRA: Congress Should Have Amended 28 U.S.C. § 1409(b)

April 2020

New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules

Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.

Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits

Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.

Bankruptcy Code

Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds

On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.

Stablecoin: Yet Another Layer of Cryptocurrency Complexity

Sept 2019

Bankruptcy Code