Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
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.
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.