Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery
Ninth Circuit majority goes for a difficult issue when an easier answer was available.
Federal Judgment Rate Is Employed when Claims Are Paid in Full
Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).
Judgments for Malice in California Aren’t Nondischargeable Automatically
Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.
Bar Date Not Extended Three Days for Service by Mail
As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.
Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims
Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?
Constructive Trust Theory Fails Without Showing Unjust Enrichment
Parents who benefitted from son’s secret ownership couldn’t claim title.
Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws
Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).
Falsely Misrepresenting One Asset Isn’t Grounds for Nondischargeability, Circuit Holds
Eleventh Circuit takes sides with the majority in circuit split over Section 523(a)(2).