| ABI

February 29, 2016

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

11th Circuit ,

February 26, 2016

No Kidding: Justice Scalia’s Minority Opinions Would Have Helped Homeowners

This is the first of two features concluding that Justice Scalia’s opinions were not inherently adverse to the interests of debtors and the bankruptcy system generally.

Supreme Court ,

First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.

1st Circuit ,

February 25, 2016

Auditors of a Ponzi Scheme Are Exonerated in the Ninth Circuit

Be sure to issue a qualified report when auditing a Ponzi scheme.

9th Circuit ,

February 24, 2016

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.

9th Circuit , Montana ,

First Circuit BAP Sanctions Firm for a Lawyer’s Conduct

Circuits are split on sanctioning a firm under Section 1927 for a lawyer’s conduct.

1st Circuit ,

February 23, 2016

Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey

Condos in New Jersey get better protection from the court than from the state legislature.

3rd Circuit , New Jersey ,

February 22, 2016

Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

6th Circuit , Michigan , Michigan Eastern District ,

February 19, 2016

No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds

Delaware is now on par with New York in disallowing make-whole premiums.

3rd Circuit , Delaware ,

Madoff Trustee Beats Back Another End Run Around $7.2 Billion Settlement

Someone who pays $7.2 billion is entitled to a court’s sympathy and protection.

2nd Circuit , New York , New York Southern District ,