Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts
District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.
Judge Name - Do not use it.
Thad J. Collins, Michael Vazquez
%1
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
Bankruptcy law definition of a ‘lien’ is broader than state law.
Judge Name - Do not use it.
Cynthia A. Norton
Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim
Clever strategy failed to limit a debtor’s personal liability.
Judge Name - Do not use it.
Cynthia A. Norton
BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning
Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.
Judge Name - Do not use it.
Charles L. Nail, Jr.
Even Without a Mediation Privilege, Mediation Statement Is Protected from Discovery
Work product and opinion privileges protect mediation statement from discovery.
Judge Name - Do not use it.
Cynthia A. Norton
Substantive Consolidation with Non-Bankrupt Religious Institutions Barred by Section 303(a)
Substantive consolidation and involuntary bankruptcy are equivalent, district judge holds.
Judge Name - Do not use it.
Robert J. Kressel
Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?
Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.
Judge Name - Do not use it.
Diana E. Murphy
Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day
Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.
Judge Name - Do not use it.
Jane Kelly
Section 303(a) Precludes Substantive Consolidation Among Religious Institutions
Pleading hierarchical control is insufficient for substantive consolidation.
Judge Name - Do not use it.
Robert J. Kressel
Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA
Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.
Judge Name - Do not use it.
Duane Benton