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Chapter 13 Plan and Rule Changes: Part I

Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says

Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.

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.

‘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.

Chapter 11 Plan-Confirmation Issues

Retail Restructuring and Liquidation

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.

Third-Party Releases

‘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.