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ABI Journal

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Ninth Circuit Equivocates on ‘Collection Injunctions’ in Individual Chapter 11s

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.

To Impair an Exemption, Judicial Lien Must Attach to Property the Debtor Already Owns

A judicial lien may be avoided under Section 522(f) only if the lien attached after the debtor acquired the property.

Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently

The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’

Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim

The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).

Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes

Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.

Supreme Court Bans Nunc Pro Tunc Orders

Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?

District of Columbia Rejects the Jewel Doctrine, Joining California and New York

Lawyers leaving a bankrupt firm are not required to pay over profits on hourly matters they take to their new firms.

Second Circuit Again Applies the ‘Safe Harbor’ to Protect Selling Shareholders in an LBO

The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.

Divided Fifth Circuit Again Permits Third-Party Injunctions in Stanford Receivership

Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.

The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice

The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice