June 13, 2017

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

10th Circuit, Kansas

June 08, 2017

Third Circuit Harmonizes Law v. Siegel with Marrama

Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.

3rd Circuit

June 06, 2017

Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months

Two circuits allow discretion for non-culpable debtor to make payment after five years.

3rd Circuit

May 31, 2017

Class Claim Allowed to Deter Incorrect Business Practice

Consummating a plan demonstrated that a class claim did not prejudice case administration.

May 25, 2017

Shareholder Can’t Recover Costs on Dismissal of Involuntary Against a Corporation

With a proper finding, a shareholder might recover costs on dismissal of an involuntary.

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit, Texas, Texas Southern District

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Stale Claims

Suit in Texas attacks the filing of stale claims permitted by Midland Funding.

May 23, 2017

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

5th Circuit, Texas, Texas Southern District

May 22, 2017

Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.

3rd Circuit, Delaware

May 15, 2017

Supreme Court Allows Debt Collectors to File Time-Barred Proofs of Claim

High court allows a business model that is based on the inadvertence of trustees and creditors.

Supreme Court