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Practice and Procedure

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.

2nd Circuit

Debtors and the SBA Fight to a Draw Last Week on PPP ‘Loans’

Courts still have no consensus about debtors’ right to receive PPP ‘loans’ under the Cares Act.

11th Circuit
Florida
Florida Northern District
Tuesday, June 16, 2020
Article Tags
Practice and Procedure
Covid19
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Subchapter V Trustee Barred from Routine Retention of Counsel

Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”

4th Circuit
North Carolina
North Carolina Eastern District

D.C. Circuit Has Strict Rules for Constitutional Standing in FDCPA Suits

An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.

D.C. Circuit

Last Week, the Government Went 2 for 3 in Defeating Debtor’s Demands for PPP Loans

Courts are divided on whether PPP litigation is ‘core’ or not.

1st Circuit
Maine

Keep Your Friends Close, but Keep Your Critical Vendors Closer

Aug 2020

Bankruptcy Code
11 U.S.C. § 105
11 U.S.C. § 363
Topic Tags
Claims
Court Administration
Practice and Procedure
First-day Motions
Retail
Unsecured Trade Creditors

The Hypothetical Hits of Mediation

Sept 2020

Bankruptcy Code
7016
Topic Tags
Alternative Dispute Resolution
Bankruptcy Litigation
Practice and Procedure

Routine Withdrawals from a Bank Account Aren’t ‘Transfers,’ Eleventh Circuit Says

Receiver barred from bringing aiding and abetting claims if the company was dominated by fraudsters.

11th Circuit

Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees

The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.

Supreme Court
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