Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay
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.
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Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws
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.
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Benchnotes August 2021
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Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court
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.
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Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt
First Circuit BAP explains what lien avoidance does and doesn’t do.
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Circuit and District Court Splits on Important Bankruptcy Issues with Bill Rochelle
Benchnotes July 2021
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