Amount of an Exemption Isn’t Required to Make an Order Final, Circuit Majority Says
Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.
BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth Circuit
The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’
Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.
Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors
A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.
The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’
The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).
Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
The Standards for a Pre-Filing Injunction Against a Vexatious Litigant
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.