February 29, 2016
11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy
Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.
11th CircuitFebruary 26, 2016
No Kidding: Justice Scalia’s Minority Opinions Would Have Helped Homeowners
This is the first of two features concluding that Justice Scalia’s opinions were not inherently adverse to the interests of debtors and the bankruptcy system generally.
Supreme CourtFebruary 26, 2016
First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition
Minor dispute as to amount bars using a claim for filing an involuntary petition.
1st CircuitFebruary 25, 2016
Auditors of a Ponzi Scheme Are Exonerated in the Ninth Circuit
Be sure to issue a qualified report when auditing a Ponzi scheme.
9th CircuitFebruary 24, 2016
Tim Blixseth Making Law on Extended Jailing for Civil Contempt
Is one year’s jailing too long for civil contempt? Evidently not in Montana.
9th Circuit, MontanaFebruary 24, 2016
First Circuit BAP Sanctions Firm for a Lawyer’s Conduct
Circuits are split on sanctioning a firm under Section 1927 for a lawyer’s conduct.
1st CircuitFebruary 23, 2016
Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey
Condos in New Jersey get better protection from the court than from the state legislature.
3rd Circuit, New JerseyFebruary 22, 2016
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
6th Circuit, Michigan, Michigan Eastern DistrictFebruary 19, 2016
No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds
Delaware is now on par with New York in disallowing make-whole premiums.
3rd Circuit, DelawareFebruary 19, 2016
Madoff Trustee Beats Back Another End Run Around $7.2 Billion Settlement
Someone who pays $7.2 billion is entitled to a court’s sympathy and protection.
2nd Circuit, New York, New York Southern District