Consumer Bankruptcy

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds

Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.

Cover Sheet Is No Substitute for Filing a Complaint

Kansas judge strictly enforces rules on filing dischargeability complaints.

Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements

Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.

Seventh Circuit Requires Chapter 13 Payments Beyond Five Years

Appeals court narrowly reads Bullard on finality.

Claim Objections Are Permissible in Chapter 13 After Plan Confirmation

Tulsa judge permits leisurely objections to unsecured claims in chapter 13.

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.

Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World