Extension Granted for Filing Claims When Case Temporarily Dismissed
First Circuit becomes first appeals court to allow more time for a claim following dismissal.
BAPs Lack Jurisdiction to Issue Mandamus Writs, Ninth Circuit Majority Holds
BAPs weren’t created by Congress, Ninth Circuit holds over vigorous dissent.
Puerto Rico Enjoined from Collecting an Unconstitutional Corporate Tax
District Court trims Puerto Rico’s tax revenue by ruling in favor of Wal-Mart.
Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders
Creditors, not just trustees, are barred from suing by Section 546(e).
Second Circuit May Be Trimming Back Doctrine of Equitable Mootness
Another circuit joins the trend toward limiting the doctrine of equitable mootness.
Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.
Bankruptcy Court Stays Out of the Repo Business
The repo man will face no competition from the bankruptcy court.
FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari
$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.
Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.
Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation
Court in the Ninth Circuit takes more flexible approach to revoking confirmation.