Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes
Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.
Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement
Circuit court rules on grounds less favorable for the debtor than the district judge’s.
Creditors Lack Standing to Appeal in ‘No Asset’ Cases
Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.
Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA
Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.
Chapter 7 Debtors’ Access to Counsel Threatened by B.A.P. Opinion
Ninth Circuit B.A.P. highlights discrimination against chapter 7 debtors.
Tenth Circuit Examines Three Versions of Appellate Mootness
Good faith finding is required before dismissal of an appeal under Section 363(m).
District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions
Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.
Marijuana Advisors Are Not Precluded from All Relief in Bankruptcy Courts
Ninth Circuit B.A.P. shows sympathy for legal marijuana businesses.
Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale
Courts split on whether failure to redeem on time is fatal in a reorganization.
Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.