Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability
A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.
Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years
Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Debtors Benefit When Trust Law Meets Bankruptcy Law
A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.