Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.

Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?

On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?

There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?

Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.

Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.

‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.