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June 18, 2019

Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.

June 13, 2019

The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.

June 12, 2019

Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.

June 04, 2019

Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.

June 03, 2019

A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.

May 30, 2019

Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.

May 24, 2019

New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.

May 21, 2019

For now, the high court ducks an important automatic stay question for chapter 13 debtors.

May 20, 2019

Supreme Court gets around to overruling Lubrizol almost 35 years later.

May 17, 2019

Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.