Practice and Procedure

Appealing Positions: Everything You Need to Know About Appeals

Bankers Beware: Post-Discharge Guaranty Might Be an Invalid Reaffirmation Agreement that Violates Discharge Injunction

May 2017

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery

Ninth Circuit majority goes for a difficult issue when an easier answer was available.

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?

Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

Bar Date Not Extended Three Days for Service by Mail

As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.

Ethical Issues Involving Disclosures and Retention