Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable
The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.
Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.