November 08, 2018
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
3rd Circuit, New JerseyNovember 07, 2018
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
11th CircuitNovember 06, 2018
Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere
An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.
2nd Circuit, New York, New York Southern DistrictNovember 05, 2018
Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy
A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.
11th Circuit, Georgia, Georgia Northern DistrictNovember 02, 2018
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
The bankruptcy court is no longer a court of equity; here’s another example.
November 01, 2018
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says
Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.
6th CircuitOctober 31, 2018
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
5th CircuitOctober 30, 2018
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.
7th Circuit, Illinois, Illinois Northern DistrictOctober 29, 2018
Supreme Court to Decide Whether Rejection Terminates Use of a Trademark
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
Supreme CourtOctober 26, 2018
U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition
Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt.
2nd Circuit, New York, New York Southern District