Trustee Not Obligated to Obtain Best Price at Auction, Delaware Judge Says
Immunity, fiduciary duty and damages discussed in the context of a low sale price.
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1
For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.
Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection
Personal financial stake required before creditor can file discharge complaint.
Split Grows on Dischargeability of Tax Liability on Late-Filed Returns
Nashville judge holds that late-filed tax debt can sometimes be discharged.
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Denial of Motions to Dismiss Petitions: Are They Final or Not?
Bullard leaves questions unanswered when debtors move to dismiss their own petitions.