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Home
November 08, 2018
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
3rd Circuit
,
New Jersey
November 07, 2018
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
11th Circuit
November 02, 2018
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
The bankruptcy court is no longer a court of equity; here’s another example.
10th Circuit
,
Kansas
November 01, 2018
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says
Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.
6th Circuit
October 30, 2018
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.
7th Circuit
,
Illinois
,
Illinois Northern District
October 29, 2018
Supreme Court to Decide Whether Rejection Terminates Use of a Trademark
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
Supreme Court
October 26, 2018
U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition
Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt.
2nd Circuit
,
New York
,
New York Southern District
October 25, 2018
Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent
Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.
October 24, 2018
Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Supreme Court
October 19, 2018
‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme
With partial success, trustee sues the casino where a fraudster gambled away stolen money.
2nd Circuit
,
New York
,
New York Eastern District
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