Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Arbitration Agreement Cannot Include Waiver of Dischargeability
On dischargeability, post-filing waivers work, but pre-filing ones don’t.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Supreme Court Argument Pits Notions of Equity Against Statutory Construction
Ghost of Justice Scalia haunts the high court in a statutory construction case.
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy
Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.
Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans
Consumer debtors bat 500 last week in significant cases.
Florida Bankruptcy Judge Splits with Seventh Circuit on Attorney/Client Privilege
Client questionnaires are held to be protected by the attorney/client privilege.
A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable
Perhaps a civil contempt order should sometimes be final in bankruptcy.
Third Circuit Pens a Treatise on Burden of Production
Third Circuit decision written by no Third Circuit judges