October 29, 2019
A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.
October 25, 2019
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
October 24, 2019
Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.
October 23, 2019
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
October 22, 2019
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
October 21, 2019
Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
October 17, 2019
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
4th Circuit , Maryland ,
October 15, 2019
Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.
3rd Circuit , Delaware ,
October 10, 2019
The lawyer whose waiver led to Wellness International avoided malpractice by the skin of his teeth.
October 9, 2019
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.