July 05, 2018

Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says

Eleventh Circuit explains when a final order may not remain a final order.

11th Circuit

July 03, 2018

Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules

Compensation for brain injury is a disability payment, not payment on a tort claim.

11th Circuit, Florida, Florida Southern District

July 02, 2018

Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power

News flash: Louisiana law is different!

5th Circuit

June 29, 2018

Second Circuit Protects a Madoff Conspirator Who Already Paid $7.2 Billion

Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.

2nd Circuit

June 28, 2018

A Destitute Debtor Succeeds in Discharging Student Loans

Holding two advanced degrees didn’t bar the discharge of student loans.

8th Circuit, Iowa

June 27, 2018

New Bankruptcy Rule 3007(b) Alters Applicability of Res Judicata

When objecting to claims, new Rule 3007(b) means debtors are not required to assert counterclaims that would be adversary proceedings.

D.C. Circuit

June 26, 2018

Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation

Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.

9th Circuit, Arizona

June 25, 2018

Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules

Newly appointed Circuit Judge Willett has a way with words.

5th Circuit

June 25, 2018

Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years

Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.

9th Circuit

June 22, 2018

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

6th Circuit, Michigan, Michigan Eastern District