Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules
GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.
Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules
Failure to notice all class members was pivotal in permitting a class proof of claim.
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt
Georgia district judge confronts creditors who file claims based on stale debts.
Even if Tax Debts Are Not Discharged, Penalties Can Be, Judge Boroff Rules
‘Plain meaning’ permits discharge of some tax penalties.
Circuit Split Widens on Test for Nondischargeability from Late-Filed Tax Returns
Ninth Circuit avoids the one-day-late rule for nondischargeability of tax debts.
Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels
Ninth Circuit will decide en banc whether BAPs were “established” by Congress.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit
Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.
Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor
Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.
Second Circuit Drubs New GM on Successor Liability for Ignition Switch Defects
Due process failure exposes New GM to liabilities for Old GM’s conduct.