August 23, 2016

Finality Governed by Resolution of All Issues in an Adversary Proceeding

Unusual facts permit no exception to rigid rules on appellate jurisdiction.

10th Circuit

August 19, 2016

Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value

Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.

4th Circuit, North Carolina, North Carolina Eastern District

August 18, 2016

Diverting Assets after Confirmation Does Not Give Rise to ‘Core’ Claims

A ‘profound impact’ on an estate does not by itself result in a ‘core’ claim.

9th Circuit, California, California Northern District

Courts Divided on Contempt Sanctions as Automatically Nondischargeable

Showing intentional violation of court order isn’t enough for nondischargeability.

6th Circuit, Ohio, Ohio Southern District

August 16, 2016

Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules

‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.

7th Circuit, Indiana, Indiana Southern District

Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment

Try garnishment, not contempt, to collect support from a chapter 13 debtor.

11th Circuit, Georgia, Georgia Southern District

August 12, 2016

Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says

Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules.

7th Circuit

August 09, 2016

Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day

Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.

8th Circuit

Circuit Demands that Prefiling Injunctions Be Clear and Precise

Constitutional principles create a loophole for frivolous litigation.

D.C. Circuit, District of Columbia

August 08, 2016

Stern Objections Always Must Be Raised to Avoid Potential Malpractice

The lawyer who lost Wellness International may be facing malpractice liability.

7th Circuit, Illinois, Illinois Northern District