Second Circuit Nixes Nationwide Class Actions for Discharge Violations
Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.
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Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson
Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.
Journal Issue
Bankruptcy Code
Bankruptcy Rule
Confirmation Barred Claims Against a Coal Producer for Causing Global Warming
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake
A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.
Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.
Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
Fifth Circuit Cites ‘Clearly Erroneous’ Findings to Declare a Debt Nondischargeable
Circuit says it’s easy to show reasonable reliance on a false financial statement.