District Court Upholds Procedures for Suspending a Panel Trustee
Panel trustee suspended for unfair, harsh, accusatory examination of debtors.
Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans
Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.
Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning
High court should revisit Kelly v. Robinson from 1986, circuit court says.
Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.
All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit
Ability to pay is one factor in imposing sanctions for misconduct.
11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy
Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.
District Judge Puts Limits on Policy Statement in Segal v. Rochelle
Continuing FLSA claims arising after filing are not subject to judicial estoppel.
FDCPA Held Applicable to Violations of Discharge Injunction
Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.
Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing
Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.