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April 28, 2016

Involuntary Servitude Claim Raised in Involuntary Chapter 11

Did Congress make another constitutional mistake in BAPCPA?

9th Circuit , Washington , Washington Western District ,

April 27, 2016

Madoff Trustee Nearing His First Judgment after Seven Years of Litigation

Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.

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

April 26, 2016

Courts Split on Standards Justifying Hardship Discharge

‘Catastrophic event’ not required for hardship discharge.

11th Circuit , Alabama , Alabama Northern District ,

April 25, 2016

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit , Delaware ,

April 22, 2016

Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate

Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.

6th Circuit , Michigan , Michigan Eastern District ,

Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals

Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.

1st Circuit ,

April 21, 2016

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

2nd Circuit , New York , New York Western District ,

Usual Rejection Rules Apply When Both Parties to a Contract Are Bankrupt

Loss of 2,000 jobs doesn’t tile the scales away from contract rejection.

April 20, 2016

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

9th Circuit , Arizona ,

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

5th Circuit , Texas , Texas Western District ,