First Circuit Reverses the BAP for Fact-Finding on Appeal
First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.
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Circuit Split Widens over Discharging Taxes on Late-Filed Returns
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
Incorporating AAA Rules by Reference Won’t Work with Consumers
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
Bankruptcy Code
Technicalities Insulated a Lawyer from Liability for Misusing an IOLA
A creditor lost a dischargeability suit by failing to call the right witnesses to prove that a lawyer’s trust account was used to hide assets.
Debt of $46,000 Discharged Despite a Flagrantly False Loan Application
Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.