Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed
New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.
Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says
Sarbanes-Oxley nails securities fraudsters who file bankruptcy.
Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?
Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.
Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9
Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.
State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud
Even aggregate information about asbestos claims cannot be used for lobbying.
District Courts Lack Jurisdiction to Enforce Discharge Injunctions
Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.
Ninth Circuit Won’t Decide Whether BAPs Are ‘Established by an Act of Congress’
Cloud over constitutional authority of BAPs has been lifted, for now.
PROMESA’s and Bankruptcy Code’s Automatic Stay Are Similar, Not Identical
Temporary diversion of collateral doesn’t require ‘adequate protection,’ Puerto Rico Judge says.
Ninth Circuit Now Requires Paying Default Interest to Cure a Default
Divided panel holds that Section 1123(d) overruled Entz-White.