November 21, 2016

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

3rd Circuit, Delaware

November 17, 2016

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

9th Circuit, California, California Eastern District

November 16, 2016

Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed

New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.

2nd Circuit, New York, New York Northern District

November 16, 2016

Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says

Sarbanes-Oxley nails securities fraudsters who file bankruptcy.

10th Circuit

November 15, 2016

Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?

Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.

8th Circuit

November 14, 2016

State Consumer Protection Law Preempted by the Bankruptcy Code

Preemption easier to find than implied repeal, Chicago district judge says.

7th Circuit, Illinois, Illinois Northern District

November 11, 2016

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

11th Circuit

November 08, 2016

Ninth Circuit Now Requires Paying Default Interest to Cure a Default

Divided panel holds that Section 1123(d) overruled Entz-White.

9th Circuit

November 08, 2016

Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

11th Circuit, Florida, Florida Northern District

November 07, 2016

Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees

California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.

9th Circuit