Discrimination in Favor of Student Loans Makes Plan Fatally Defective
Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.
Subordination Clause Held Ineligible for Arbitration
Creditors bat 500 this fall when trying to compel arbitration in the Southern District of New
York.
Public Assistance Received Before Filing Loses Its Exemption
Practice Point: File in Missouri before receiving an exempt public assistance benefit.
Vacation in New Orleans Is Grounds for Removing a Trustee for Cause
Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”
Third Circuit Enhances Appellants’ Rights for Stays Pending Appeal
Delaware became less hospitable for debtors following the Third Circuit’s opinion on stays pending appeal.
Fifth Circuit Panel Disagrees About Detailed Findings on Claim Objections
A claim objection can’t be swept under the rug by approving a settlement
Threatening Criminal Prosecution Not Within Exception to the Automatic Stay
A landlord playing hardball gets hit in the head with his own pitch.
Trust Beneficiary Lacks Standing in a Dispute Between Debtor and Trust
Ninth Circuit adopts Second Circuit standard limiting derivative standing
Fired Executive’s Severance Upheld from Fraudulent Transfer Attack
The Tenth Circuit takes pity on an executive who got severance after being fired unexpectedly.
“Unqualified” Interest in Escrow Is Not Estate Property
Tenth Circuit issues narrow ruling on property interest in escrow account.