October 30, 2019
Another Appellate Court Bars Arbitration of ‘Core’ Claims
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
4th Circuit, Virginia, Virginia Eastern DistrictOctober 29, 2019
To Sue a Subsequent Transferee, Proving a Fraudulent Transfer Isn’t Always Required
A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.
11th Circuit, Florida, Florida Southern DistrictOctober 28, 2019
Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictOctober 25, 2019
Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
5th CircuitOctober 24, 2019
A 362(k) Claim May Be Brought Without Reopening the Bankruptcy, Circuit Says
Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.
3rd CircuitOctober 23, 2019
Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
9th CircuitOctober 22, 2019
Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
5th CircuitOctober 21, 2019
‘Disinterestedness’ Governs Approval of a Future Claimants’ Representative
Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
3rd Circuit, New JerseyOctober 18, 2019
Courts Split on Allowing a Late Claim if the Creditor Was Not Listed
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
10th Circuit, ColoradoOctober 17, 2019
In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
4th Circuit, Maryland