June 30, 2021
Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.
June 29, 2021
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
June 28, 2021
Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.
June 24, 2021
Read Judge Grossman’s opinion as though it were a final exam question to see how many issues you spot and whether you come up with the correct answers.
June 18, 2021
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
June 17, 2021
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
June 16, 2021
So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.
June 11, 2021
Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.
June 7, 2021
If the district court is adjudicating a suit with “related to” jurisdiction under 28 U.S.C. § 1334(b), the district court applies the Bankruptcy Rules, not the Federal Rules, the First Circuit says.
June 4, 2021
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
4th Circuit , Maryland ,