August 23, 2018
Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute
Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.
2nd CircuitAugust 17, 2018
Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers
Caution: Do not use heavy machinery. Reading this story may induce drowsiness.
3rd CircuitAugust 09, 2018
FDCPA Applies to Debt Collectors Even if They Own the Debt
Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
3rd CircuitJuly 27, 2018
Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
2nd Circuit, New York, New York Western DistrictJuly 25, 2018
Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel
Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
11th CircuitJuly 24, 2018
Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine
Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.
6th CircuitJuly 23, 2018
A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit
Mediation can result in a binding settlement even without a written agreement.
2nd CircuitJuly 18, 2018
New York Judge Finds Constitutional Power to Enter Default Judgments
Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.
2nd Circuit, New York, New York Southern DistrictJuly 13, 2018
Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability
A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.
9th CircuitJuly 10, 2018
New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)
Firm allowed to drop a creditor-client and represent the debtor in chapter 11.
2nd Circuit, New York, New York Southern District