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ABI Journal

Practice and Procedure

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Stale Claims

Suit in Texas attacks the filing of stale claims permitted by Midland Funding.

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.

Supreme Court Allows Debt Collectors to File Time-Barred Proofs of Claim

High court allows a business model that is based on the inadvertence of trustees and creditors.

Monday, May 15, 2017
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Courts Split on Arbitration over Dischargeability of Student Loans

Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.