Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify
Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.
Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?
Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?
Paying a Retainer by Credit Card Does Not by Itself Violate Section 526(a)(4)
Judge ok’s scheme sticking a credit card lender with the retainer for the debtor’s lawyer.
Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds
Financial professional was held to a higher standard in valuing estate assets.
PACA Circuit Split Heading for En Banc Rehearing or Certiorari Petition
Two judges urge Ninth Circuit to overrule precedent and line up with other circuits.
Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral
Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.
Allowing WARN Claims in Liquidating Chapter 11s, Chicago Judge Splits with Third Circuit
Judge adheres to plain language of agency commentary as though it were a statute.
Judgments for Malice in California Aren’t Nondischargeable Automatically
Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.
Federal Judgment Rate Is Employed when Claims Are Paid in Full
Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).
Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims
Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?