The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.

A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.

Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.

Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.

The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.

At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.

Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.

Claiming a firearm is owned for defense of the household raises the odds that the gun will be exempt as household goods.

Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.

The claim of a member of a creditors’ committee was subordinated because she evaded disclosure that her claims would consume the entire estate.