| ABI

Help Center

May 10, 2016

Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment

Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.

3rd Circuit ,

May 9, 2016

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel

Conversion to chapter 7 bars judicial estoppel on claim arising after filing.

5th Circuit , Texas , Texas Northern District ,

May 6, 2016

Tender Offers in Bankruptcy Pass Muster in the Third Circuit

Third Circuit holds again that equal treatment is not required in settlements.

3rd Circuit ,

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

5th Circuit ,

May 5, 2016

Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction

Exhaustion of state and federal administrative remedies are not the same, judge says.

4th Circuit , Virginia , Virginia Eastern District ,

District Court Bars Discharge When Student Loans Are Taken Voluntarily

District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.

11th Circuit , Alabama , Alabama Middle District ,

May 4, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit , Arkansas , Arkansas Eastern District ,

May 3, 2016

Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request

Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).

2nd Circuit , New York , New York Eastern District ,

May 2, 2016

Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal

Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.

6th Circuit ,

Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

3rd Circuit ,