Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability
Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.
Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue
Showing violation of a federal statute might not itself entitle a consumer to sue.
No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest
Superpriority claim only ensures recovery of filing day interest and principal.
Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time
Courts split on whether failure to redeem on time is fatal in reorganization.
Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7
Detroit judge makes auto lease assumption valid without parallel reaffirmation.
Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes
Aggregation was not permitted to surmount the $6,225 minimum for preferences.
Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says
Denial of arbitration is not a ‘final order’ requiring district court action.
Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment
Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.
District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
Tender Offers in Bankruptcy Pass Muster in the Third Circuit
Third Circuit holds again that equal treatment is not required in settlements.