Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
Interim Fee Awards in Chapter 13 Are OK Before Conversion
District judge changes local practice in the bankruptcy court on interim awards in chapter 13.
Ninth Circuit BAP Backs Away from Automatic Dismissal of ‘Marijuana’ Cases
Debtor must violate criminal law to justify dismissal, concurring opinion says.
Arresting the Debtor During Mediation Is a Very Big No-No
How to ruin a good case: have your adversary arrested during mediation.