A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says A prevailing party can’t appeal arguably erroneous findings. Read more about A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says
Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’ Submitting a retention order with the wrong word resulted in a pivotal issue on appeal. Read more about Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’
Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law. Read more about Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision
No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526 The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct. Read more about No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526
Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split. Read more about Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty