Child Support Cases Avoid Thorny Choice of Law Questions
Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.
New GM Assails the Second Circuit for Jeopardizing ‘Free and Clear’ Sales
GM’s ‘cert’ petition says the Second Circuit forgot about Section 363(m).
Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation
First Circuit requires attempt to collect to prove a discharge injunction violation.
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.
Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings
There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.
New York Judge Requires Hedge Funds to Disclose Their Investors
Evidence must show that hedge fund investors’ identities are ‘commercial information.’
Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal
Consistent, dilatory conduct required for dismissing an appeal, circuit says.
Substantive Consolidation with Non-Bankrupt Religious Institutions Barred by Section 303(a)
Substantive consolidation and involuntary bankruptcy are equivalent, district judge holds.
Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds
Fee issues are collateral, not affecting a final ruling on the merits.
Judge Reverses Course and Allows Reclassification of Deficiency Claim
Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.