Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds
Although not required to file claims, secured creditors must comply with the deadline if they do.
Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable
‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.
Terminating a Contract Is a Transfer of an Asset — Sometimes
Judge Higginbotham has been busy writing important opinions.
Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates
Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.
Judge Punts on How the Rule of Explicitness Survived Adoption of the Code
Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.
Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit
Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?
Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud
Circuit Judge Higginbotham sees arbitration as an instrument of fraud.
Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History
A bank deposit is only a substitution, not a transfer of property, circuit holds.
District Courts Collide Head-On over Maritime Liens for ‘Necessaries’
Circuit split over maritime liens appears headed for the Supreme Court.
Judge Neil M. Gorsuch: A Writer in the Style of Judges Easterbrook and Posner
Like late Justice Antonin Scalia, Judge Gorsuch is no fan of Dewsnup v. Timm.