Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says
Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.
New Bankruptcy Rule 3007(b) Alters Applicability of Res Judicata
When objecting to claims, new Rule 3007(b) means debtors are not required to assert counterclaims that would be adversary proceedings.
Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years
Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.
Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award
Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.