Supreme Court May Grant ‘Cert’ in Several More Bankruptcy Cases
Consumer and reorganization circuit splits are seeking Supreme Court review.
Discharge Denied for Omitting Name of a Retirement Account
Scheduling the amount of an asset isn’t enough. The name must be shown, too.
Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses
Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
Sovereign Immunity Insulates Government from Emotional Distress Claims
Section 106’s sovereign immunity waiver is not clear enough for emotional distress claims.
Fired Worker’s Entire Severance Claim Given Priority in Delaware by Judge Carey
Judge Carey distinguishes between administrative and priority claims for severance.
Law Professors Disagree on How the Supreme Court Should Decide Jevic on Structured Dismissals
Is there flexibility to depart from bankruptcy priorities? Professors disagree.
Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction
Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).
No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions
In one respect, bankruptcy judges have more authority than district judges.
Government’s Common Law Fraud Suit Excepted from Automatic Stay
Automatic stay nonetheless may preclude collecting judgment from estate property.
Arbitration Agreements Held Unenforceable in WARN Act Litigation
Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.