‘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.
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
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.
Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing
Fourth Circuit again shows itself to be a debtor-friendly venue.
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.