Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says
Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.
Judge Name - Do not use it.
Denise Cote
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Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Judge Name - Do not use it.
Gonzalo P. Curiel, Laurel M. Isicoff
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
Judge Name - Do not use it.
Norman H. Stahl, David H. Souter, Sandra L. Lynch
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Judge Name - Do not use it.
Roberta A. Colton
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Judge Name - Do not use it.
Laurel M. Isicoff