Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs
State law overrides ‘significant policy concerns’ in Supreme Court decision.
Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time
Courts split on whether failure to redeem on time is fatal in reorganization.
Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey
Condos in New Jersey get better protection from the court than from the state legislature.
Third Circuit Pens a Treatise on Burden of Production
Third Circuit decision written by no Third Circuit judges