Over Dissent, the Fourth Circuit Says No Arbitration for Automatic Stay Violations
A nationwide class action for a stay violation seems to be an open issue.
On Dismissal in ‘13,’ the Debtor Gets a Refund Regardless of a Property Execution
The Supremacy Clause overrides a property execution when a chapter 13 petition is dismissed before confirmation.
Section 305 Is Grounds for a Debtor to Dismiss a Voluntary Chapter 7 Case
If the chapter 7 debtor has paid the filing fee and is current on filings, Section 707(a) isn’t grounds for voluntary dismissal.
$1.6 Million Fee Disgorgement Upheld for Failure to Disclose Fee-Sharing
The bankruptcy judge had authority to sanction a lawyer for all misconduct in the district, not just in the cases before that judge.
In ‘13,’ a Motion to Dismiss Must Precede Entry of a Conversion Motion, Circuit Says
The Sixth Circuit majority and dissent have an intriguing debate over appellate jurisdiction.
Two BAPs Now Uphold Sanctions Alongside Voluntary Dismissals Under Section 1307(b)
The Tenth Circuit BAP holds that dismissal is not automatic and immediate when a chapter 13 debtor moves to dismiss voluntarily under Section 1307(b).
$12 Million in Gambling Losses Made Taxes Nondischargeable for Five Years
Circuits are split on whether nonpayment of taxes alone establishes the ‘conduct’ requirement making taxes nondischargeable for having evaded payment of taxes.
An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment
An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment By Brett Weiss Historically, the Bankruptcy Code has not allowed creditors to force individuals to reorganize. A debtor must voluntarily choose to file under chapters 12 and
Collecting a Sanction May Be Enforced by Contempt Rather than Writ of Execution
A district court in New York affirmed Bankruptcy Judge Paek by holding that collection of a sanction for a stay violation doesn’t require a writ of execution under Federal Rule 69(a).
Fifth Circuit Rules on Judicial Estoppel, an Issue Before the Supreme Court This Term
Supreme Court will decide whether potential motive for nondisclosure invokes judicial estoppel, or whether there must be subjective intent by the debtor to conceal.