Bankruptcy Litigation

Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged

A tax return late by three years wasn’t ‘honest and reasonable.’

Shareholder Can’t Recover Costs on Dismissal of Involuntary Against a Corporation

With a proper finding, a shareholder might recover costs on dismissal of an involuntary.

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.

Treatment of a Pre-Petition Foreclosure of Accounts Receivable

July 2017

Benchnotes July 2017

July 2017

Supreme Court Allows Debt Collectors to File Time-Barred Proofs of Claim

High court allows a business model that is based on the inadvertence of trustees and creditors.

Bankruptcy Litigation

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.