A 362(k) Claim May Be Brought Without Reopening the Bankruptcy, Circuit Says
Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.
Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
Proceedings for Contempt Discharge Held Not Subject to Arbitration
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
BAP Decision Previews Issues Confronting the Supreme Court in Ritzen
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.