June 21, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
June 20, 2018
Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award
Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
9th CircuitJune 18, 2018
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
11th Circuit, Florida, Florida Southern DistrictJune 15, 2018
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
10th CircuitJune 15, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th CircuitJune 14, 2018
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Supreme CourtJune 12, 2018
First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
1st CircuitJune 11, 2018
Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud
Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
7th CircuitJune 07, 2018
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
11th Circuit, Georgia, Georgia Northern DistrictJune 04, 2018
Islamic Law Informs the Court in Interpreting a Marital Contract
Courts split on the dischargeability of debts incurred in the course of divorce or separation.
2nd Circuit, New York