Florida Judge Plunges into the Split on Enforcing Arbitration Agreements
Debtor must arbitrate a violation of the discharge injunction.
Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History
A bank deposit is only a substitution, not a transfer of property, circuit holds.
Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit
Circuit Judge Posner finds no Bank Holding Company Act violation in exclusive use of Rabobank NA.
Explicit Provision Required to Maintain Secured Status in a Plan
Creditor lost secured status by sloppy drafting.
Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13
District judge hopes novel theories of equity will permit forced vesting.
Supreme Court Hears Argument on Stale Claims and the FDCPA
Debtors have an uphill fight for the Supreme Court to ban the filing of stale claims.