Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.
Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals
Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.
No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases
Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases?
Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine
After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.
Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law
Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.
Supreme Court Grants ‘Cert’ on Appellate Standards for Non-Statutory Insider Status
High court won’t decide whether a claim purchaser automatically takes seller’s insider status.
New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
Lower courts are tending to disagree with two circuits on Section 1322(b)(2).
Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts
Pipeline companies strike out again in New York on Texas law question.
Sixth Circuit Widens Split on Mooting Appeals from Sale Orders
Equity is required to claim a homestead exemption, Sixth Circuit holds.