Denial of Motions to Dismiss Petitions: Are They Final or Not?
Bullard leaves questions unanswered when debtors move to dismiss their own petitions.
Finality Governed by Resolution of All Issues in an Adversary Proceeding
Unusual facts permit no exception to rigid rules on appellate jurisdiction.
Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
Courts Divided on Contempt Sanctions as Automatically Nondischargeable
Showing intentional violation of court order isn’t enough for nondischargeability.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.
Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA
Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.