Public Rights Exception Permits Bankruptcy Court to Award Punitive Damages
Although a suit for punitive damages resembles a claim for which there would be a jury under common law, Pennsylvania’s Judge Mayer decided that the enactment of Section 362(k) gave rise to the public rights exception allowing bankruptcy courts to award damages without a jury.
Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint
The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.
Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)
Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.