July 26, 2024
Seeking attorneys’ fees from the debtor for a postpetition civil rights violation does not by itself make a postpetition lawsuit subject to the automatic stay.
5th Circuit
July 18, 2024
In the first decision on the topic after Purdue, Delaware’s Judge Goldblatt denied the debtor’s motion for a preliminary injunction to stop a lawsuit against nondebtors.
3rd Circuit, Delaware
June 27, 2024
The Second Circuit gives competitors license to mount false advertising unless it’s ‘virtually certain’ to affect a debtor’s customer contracts or goodwill.
2nd Circuit
June 03, 2024
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
9th Circuit
May 16, 2024
Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.
1st Circuit, New Hampshire
May 01, 2024
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
5th Circuit
April 03, 2024
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
3rd Circuit, Delaware
