Practice and Procedure

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds

Although not required to file claims, secured creditors must comply with the deadline if they do.

Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates

Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.

Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

Part I: I Ain’t Afraid of No Laws! Legal Issues for Attorneys When Creating, Defending or Chasing Offshore Assets

Consumer Potpourri: Representing the Consumer Debtor

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.