Practice and Procedure

Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic

Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.

Benchnotes January 2018

Jan 2018

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

Evidence and Trial Skills in Consumer Bankruptcy Cases

Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt

Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.

Creative Theory Fails to Give an Automatic Appeal from a Non-Core Interlocutory Order

Interlocutory orders by bankruptcy courts on non-core claims don’t give rise to immediate de novo review as proposed findings and conclusions.

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders

Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.