Second Circuit Bars Arbitration of Claim Subordination Dispute
Appeals court easily rules against arbitration on a core issue involving priority.
Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits
California district courts split on whether filing stale claims violates RICO.
Supreme Court to Resolve Circuit Splits on the Fair Debt Collection Practices Act
High court grants certiorari in a second bankruptcy case for the new term.
‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership
Findings of fact determine whether bankruptcy court can enter a final order.
‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases
Bankruptcy court can make a final order disallowing an unfiled claim under state law.
Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’
Government payments to care for disabled adults go to parents, not creditors, judge rules.
Reimbursed Expenses Included in Calculating Median Income for Plan Duration
Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.
Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds
Debtors may face sanctions for continuing to occupy property they intend to surrender.
Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender
District judge prescribes local rule for bankruptcy courts.
Sixth Circuit Split Decision Upholds Equitable Mootness in Chapter 9
Dissenter implores appeals court to sit en banc and reject equitable mootness.