United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds
Restriction on post-confirmation suits is further limited in the Fifth Circuit.
FDCPA Held Applicable to Violations of Discharge Injunction
Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.
Florida Bankruptcy Judge Splits with Seventh Circuit on Attorney/Client Privilege
Client questionnaires are held to be protected by the attorney/client privilege.
Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings
Debtors notch three wins and lose once in significant consumer cases.
Successor Liability Overrides Sale Free and Clear on Labor Law Claim
363 sale provides no protection from a union’s claim for successor liability.
Subjective Bad Faith Alone Is Sufficient to Warrant Dismissal
District judge reads the tea leaves on Second Circuit standard for dismissal.
Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees
Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.
Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold
Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.
Massachusetts Homestead Exemption Focuses on Use, Not Intention
First Circuit BAP goes easy on a consumer debtor’s homestead.
A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable
Perhaps a civil contempt order should sometimes be final in bankruptcy.