Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA
Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.
Tenth Circuit Examines Three Versions of Appellate Mootness
Good faith finding is required before dismissal of an appeal under Section 363(m).
District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions
Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.
Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds
Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.
Cover Sheet Is No Substitute for Filing a Complaint
Kansas judge strictly enforces rules on filing dischargeability complaints.
Seventh Circuit Requires Chapter 13 Payments Beyond Five Years
Appeals court narrowly reads Bullard on finality.
California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions
District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.
Sixth Circuit Joins the Split on Whether Bankruptcy Courts Are ‘Courts of the U.S.’
The Supreme Court may have a new case to elevate or diminish the status of bankruptcy courts.
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.