Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment Try garnishment, not contempt, to collect support from a chapter 13 debtor. Judge Name - Do not use it. John S. Dalis Read more about Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
California Judge Adopts Minority View on Automatic Termination of the Stay District judge follows Ninth Circuit BAP on stay termination for serial filers. Judge Name - Do not use it. Beth Labson Freeman Read more about California Judge Adopts Minority View on Automatic Termination of the Stay
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 Read more about Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay. Judge Name - Do not use it. Bankruptcy Judge James R. Sacca Read more about Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps. Judge Name - Do not use it. Bankruptcy Judge Shelley C. Chapman Read more about Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000. Judge Name - Do not use it. Kay Woods Read more about Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11. Judge Name - Do not use it. Michael G. Williamson Read more about Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes
California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision. Judge Name - Do not use it. Haywood S. Gilliam, Jr. Read more about California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions
Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says Eighth Circuit B.A.P. majority allows collection of disallowed priority claims. Judge Name - Do not use it. Robert J. Kressel, Thomas L. Saladino Read more about Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction Important bankruptcy class action cases heading for the Second Circuit. Judge Name - Do not use it. Nelson S. Román, Vincent L. Briccetti Read more about New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction