November 10, 2022

In Mass Tort Cases, New York Judge Permits Redactions of Creditors’ Names

One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.

2nd Circuit, New York, New York Southern District

November 04, 2022

Differences Between Judicial and Statutory Liens Explained by Judge Heston

Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).

9th Circuit, Washington, Washington Western District

October 28, 2022

Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss

The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.

9th Circuit

October 24, 2022

Judge Grabill Imposes $400,000 in Sanctions for Violation of Confidentiality Order

Subjectively laudable reasons for violating a confidentiality order didn’t absolve the lawyer of sanctions.

5th Circuit, Louisiana, Louisiana Eastern District

October 19, 2022

It’s Virtually Impossible to Waive Discharge as an Affirmative Defense, Judge Tucker Says

Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.

6th Circuit, Michigan, Michigan Eastern District

October 17, 2022

Debtor Can’t Compel Arbitration on an Involuntary Petition

A creditor can’t be compelled to arbitrate the validity of a claim before the bankruptcy court decides whether the involuntary petitioner’s claim is subject to a bona fide dispute.

6th Circuit, Tennessee, Tennessee Middle District

October 13, 2022

Misleading Advertising to Poach a Debtor’s Customers Is No Stay Violation

False advertising that violates non-bankruptcy law isn’t necessarily a violation of the automatic stay, New York district judge says.

2nd Circuit, New York, New York Southern District

October 04, 2022

New York Judge Splits with Colleagues on Redaction of Crypto Customers’ Names

Judge Glenn allowed the redaction of individual crypto customers’ home and email addresses, but requires the disclosure of their names and the amount of their claims. No redactions for business customers.

2nd Circuit, New York, New York Southern District

October 03, 2022

To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says

Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.

5th Circuit, Texas, Texas Eastern District

September 23, 2022

Madoff Trustee Scores Another Major Victory in the Second Circuit

The appeals court rules that the Madoff trustee is entitled to summary judgment together with prejudgment interest at 4%.

2nd Circuit