August 19, 2019
A Michigan Stay Opinion Raises Contempt Issues from the Supreme Court
Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?
August 16, 2019
Seventh Circuit Opinion on Contempt Raises Questions under Taggart
On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?
7th CircuitAugust 15, 2019
Fourth Circuit Widens the Split on Judicial Estoppel’s Bad Faith Presumption
A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.
August 14, 2019
Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
11th CircuitAugust 13, 2019
Eighth Circuit Upholds Backstopped Rights Offerings for Chapter 11 Plans
Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.
8th CircuitAugust 12, 2019
In a Bankruptcy Sale, ‘Takings’ Claims Kick in Early
Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.
Federal CircuitAugust 09, 2019
Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans
Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.
1st CircuitAugust 08, 2019
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
9th CircuitAugust 08, 2019
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.
9th CircuitAugust 07, 2019
A Judgment Lien on Entireties Property Isn’t Avoidable in Illinois, Seventh Circuit Says
A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.
7th Circuit, Illinois