Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure
Benchnotes September 2024
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Supreme Court Finds No Authority for Nondebtor Third-Party, Nonconsensual Releases In Harrington v. Purdue Pharma LP , 1 the U.S. Supreme Court reversed the Second Circuit’s order approving the
Arbitration Nixed on a Lender’s Claims for Violation of the Automatic Stay
Discharge Injunction Violations Can’t Be Heard in Federal District Court
Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
Recoupment of Social Security Benefit Overpayments Is Barred as a Setoff
A False Certificate of Payment (Temporarily) Barred a Landlord from Evicting
Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
Late-Allowed Vehicle Claims: Striving for a More Just Result
Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that take a different position. Most
Benchnotes March 2024
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’s total fixed, liquidated