No Kidding: Justice Scalia’s Minority Opinions Would Have Helped Homeowners
This is the first of two features concluding that Justice Scalia’s opinions were not inherently adverse to the interests of debtors and the bankruptcy system generally.
First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition
Minor dispute as to amount bars using a claim for filing an involuntary petition.
Auditors of a Ponzi Scheme Are Exonerated in the Ninth Circuit
Be sure to issue a qualified report when auditing a Ponzi scheme.
Tim Blixseth Making Law on Extended Jailing for Civil Contempt
Is one year’s jailing too long for civil contempt? Evidently not in Montana.
First Circuit BAP Sanctions Firm for a Lawyer’s Conduct
Circuits are split on sanctioning a firm under Section 1927 for a lawyer’s conduct.
Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey
Condos in New Jersey get better protection from the court than from the state legislature.
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds
Delaware is now on par with New York in disallowing make-whole premiums.
Madoff Trustee Beats Back Another End Run Around $7.2 Billion Settlement
Someone who pays $7.2 billion is entitled to a court’s sympathy and protection.
Justice Scalia and Bankruptcy: ‘Originalism’ Can Sometimes Uphold ‘Stupid Laws’
Scalia consistently employed a judicial philosophy calling for courts to interpret statutes based on their common meaning.