October 28, 2016

Pending Circuit Court Appeals to Mold Consumer and ‘Reorg’ Bankruptcy Law

En banc rehearings headline upcoming circuit court decisions.

October 27, 2016

Supreme Court May Grant ‘Cert’ in Several More Bankruptcy Cases

Consumer and reorganization circuit splits are seeking Supreme Court review.

Supreme Court

October 27, 2016

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

1st Circuit

October 26, 2016

Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

9th Circuit

October 19, 2016

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit, Illinois, Illinois Northern District

October 17, 2016

Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

3rd Circuit, Delaware

October 14, 2016

Second Circuit Bars Arbitration of Claim Subordination Dispute

Appeals court easily rules against arbitration on a core issue involving priority.

2nd Circuit

October 13, 2016

Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits

California district courts split on whether filing stale claims violates RICO.

9th Circuit, California, California Southern District

October 12, 2016

Supreme Court to Resolve Circuit Splits on the Fair Debt Collection Practices Act

High court grants certiorari in a second bankruptcy case for the new term.

Supreme Court

October 12, 2016

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

6th Circuit, Michigan, Michigan Eastern District