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March 02, 2016
Supreme Court Argument Pits Notions of Equity Against Statutory Construction
Ghost of Justice Scalia haunts the high court in a statutory construction case.
Supreme Court
March 01, 2016
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
9th Circuit
,
Oregon
Estate Planning Does Not Blow Away a Generous State Homestead Exemption
Appellate panel rides to the rescue and saves a couple about to lose their home.
9th Circuit
February 29, 2016
11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy
Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.
11th Circuit
February 26, 2016
First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition
Minor dispute as to amount bars using a claim for filing an involuntary petition.
1st Circuit
February 23, 2016
Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey
Condos in New Jersey get better protection from the court than from the state legislature.
3rd Circuit
,
New Jersey
February 22, 2016
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
6th Circuit
,
Michigan
,
Michigan Eastern District
February 18, 2016
Justice Scalia and Bankruptcy: ‘Originalism’ Can Sometimes Uphold ‘Stupid Laws’
Scalia consistently employed a judicial philosophy calling for courts to interpret statutes based on their common meaning.
Supreme Court
February 17, 2016
Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)
Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?
10th Circuit
,
Colorado
Failed Lawyer Discharges $264,000 in Student Loan Debt
Advanced degrees for once were no bar to discharging student loans.
9th Circuit
,
California
,
California Northern District
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