Sale of a Nonoperating Hospital Doesn’t Require State Approval
Attorney General’s oversight was avoided by shutting down a nonprofit hospital.
Judge Name - Do not use it.
Ernest M. Robles
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Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Judge Name - Do not use it.
Christopher M. Altson
Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations
Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.
Judge Name - Do not use it.
Jim D. Pappas
A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
Judge Name - Do not use it.
Robert J. Faris
Police Power Exception Doesn’t Apply to Suits by Private Attorneys General
Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.
Judge Name - Do not use it.
Richard R. Clifton
Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says
Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.
Judge Name - Do not use it.
Mary M. Schroeder
Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
Lawyers can be nailed for misconduct under Section 1927, but not their clients.
Judge Name - Do not use it.
Ninth Circuit
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
Judge Name - Do not use it.
Mark Houle
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
Judge Name - Do not use it.
Edward R. Korman
Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
Judge Name - Do not use it.
Richard R. Clifton