August 24, 2017

Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context

Second Circuit holds a dress rehearsal for a major arbitration decision.

2nd Circuit

August 22, 2017

Arbitration Ordered Although Creditor Filed a Proof of Claim

District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.

8th Circuit, Arkansas, Arkansas Eastern District

August 21, 2017

Orders Reversing Confirmation Are Not Final and Not Appealable

Ninth Circuit ducks a chance to rule on ‘forced vesting.’

9th Circuit

August 18, 2017

Spokeo Heading for an Encore in the Supreme Court

Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.

9th Circuit

August 17, 2017

Bankruptcy Trustee’s Rights in Spendthrift Trusts Clarified Under California Law

California Supreme Court ignores a ‘drafting error’ in the state’s Probate Code.

9th Circuit

August 16, 2017

Commissions Earned After Bankruptcy Are Estate Property

State law doesn’t ultimately control what is or isn’t estate property.

9th Circuit

August 10, 2017

Rehearing Petition Attacks Fifth Circuit Opinions Stripping Exemptions of their Finality

Petition characterizes Fifth Circuit as standing alone by rejecting the ‘snapshot rule' for exemptions.

5th Circuit

August 04, 2017

‘Cert’ Petition Seeks to Resolve Circuit Split on What’s a ‘Transfer’

High court should grant review to ensure fraudsters don’t escape consequences.

Supreme Court

August 01, 2017

Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order

Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.

9th Circuit

August 01, 2017

An Allowance of Compensation Is Not a Money Judgment, Judge Teel Holds

Decision shows why fee awards are difficult to collect after dismissal.

D.C. Circuit, District of Columbia