Bank Zapped $1.3 Million for an Erroneous Estoppel Letter that Blocked a Sale
Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.
Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
Lawyers can be nailed for misconduct under Section 1927, but not their clients.
Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA
Statutory interpretation dominates argument on the term’s second FDCPA case.
Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21
High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.
Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings
Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.
Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
Res Judicata Bars Later Suit Against the Owner for WARN Act Violation
Owners and employers should be sued together on the WARN Act to avoid claim splitting.
Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan
Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
For Chapter 13 Eligibility, Lease Claims Aren’t Capped
Large judgment for future rent made debtors ineligible for chapter 13.