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August 20, 2019

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.

August 19, 2019

Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?

August 14, 2019

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.

August 13, 2019

Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.

August 12, 2019

Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.

August 06, 2019

Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.

August 05, 2019

Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.

August 01, 2019

Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.

July 29, 2019

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

July 26, 2019

A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.