Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees
California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.
Pending Circuit Court Appeals to Mold Consumer and ‘Reorg’ Bankruptcy Law
En banc rehearings headline upcoming circuit court decisions.
Discharge Denied for Omitting Name of a Retirement Account
Scheduling the amount of an asset isn’t enough. The name must be shown, too.
Supreme Court May Grant ‘Cert’ in Several More Bankruptcy Cases
Consumer and reorganization circuit splits are seeking Supreme Court review.
Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses
Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions
In one respect, bankruptcy judges have more authority than district judges.
Arbitration Agreements Held Unenforceable in WARN Act Litigation
Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.
Second Circuit Bars Arbitration of Claim Subordination Dispute
Appeals court easily rules against arbitration on a core issue involving priority.
Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits
California district courts split on whether filing stale claims violates RICO.
‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership
Findings of fact determine whether bankruptcy court can enter a final order.