Defamation and IIED Claims Are Not ‘Personal Injury Torts’
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
The Concept of Bifurcated Fee Agreements Approved on Appeal in South Carolina
Reversing the bankruptcy court, the district court decided that a local rule did not bar bifurcated fee arrangements altogether.
Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
Bankruptcy Is a Big Risk for Unmarried Couples Who Split Up
Family lawyers should be acutely aware that bankruptcy protections for former spouses don’t cover unmarried couples.
Debtors Get Mortgage Interest Deduction They Didn’t Pay in a Short Sale
For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.
Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions
In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.
Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.