Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
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Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies
Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?
Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
Ninth Circuit Now Permits Nonconsensual, Third-Party Releases in Chapter 11 Plans
Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.
Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
Another Case Shows the Need to Provide Remedies for Discharge Violations
Discharge was violated, but sanctions are likely out of reach.
Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently
The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’