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Consumer Bankruptcy

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit
Illinois
Illinois Northern District

Government’s Common Law Fraud Suit Excepted from Automatic Stay

Automatic stay nonetheless may preclude collecting judgment from estate property.

4th Circuit
North Carolina
North Carolina Eastern District
Monday, October 17, 2016
Article Tags
Consumer Bankruptcy
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Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

3rd Circuit
Delaware

Second Circuit Bars Arbitration of Claim Subordination Dispute

Appeals court easily rules against arbitration on a core issue involving priority.

2nd Circuit

Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits

California district courts split on whether filing stale claims violates RICO.

9th Circuit
California
California Southern District

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

6th Circuit
Michigan
Michigan Eastern District

Supreme Court to Resolve Circuit Splits on the Fair Debt Collection Practices Act

High court grants certiorari in a second bankruptcy case for the new term.

Supreme Court

Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’

Government payments to care for disabled adults go to parents, not creditors, judge rules.

4th Circuit
Virginia
Virginia Western District

‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases

Bankruptcy court can make a final order disallowing an unfiled claim under state law.

6th Circuit
Ohio
Ohio Northern District
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