Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).
Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says
Fifth Circuit in substance says that state law overcomes the Bankruptcy Code’s broad definition of who’s a creditor entitled to notice.
Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?
Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?
‘Deemed Allowed’ Claims Can Be Binding in Subsequent Litigation, Circuit Says
A failure to distinguish between res judicata and collateral estoppel turned out to be costly.
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
Supreme Court says that activities not required by state law in nonjudicial foreclosure may be covered by the FDCPA.
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.