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Rochelle's Daily Wire | ABI Exclusive

May 21, 2019

Supreme Court Agrees to Rule on What Is or Is Not a ‘Final, Appealable’ Order
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
Supreme Court ,

May 14, 2019

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
5th Circuit ,

May 2, 2019

Freezing a Chapter 7 Debtor’s Bank Account Doesn’t Violate the Automatic Stay
SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.
2nd Circuit , New York , New York Southern District ,

April 25, 2019

Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.
Supreme Court ,

April 11, 2019

‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules
Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.
4th Circuit , West Virginia , West Virginia Southern District ,

April 4, 2019

Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.
7th Circuit ,

April 2, 2019

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
5th Circuit , Texas , Texas Northern District ,

March 25, 2019

Automatic Stay Applies to ‘Ordinary Course’ Litigation in Puerto Rico, Circuit Holds
First Circuit finds no exceptions to the automatic stay under PROMESA subjecting Puerto Rico to ‘ordinary course’ litigation.
1st Circuit ,

March 18, 2019

Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.
7th Circuit ,

March 14, 2019

Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
9th Circuit , California , California Northern District ,

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