Practice and Procedure

Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim

Clever strategy failed to limit a debtor’s personal liability.

Barton Arises Unexpectedly to Bar a Routine Motion to Reopen

Trend continues in broadly interpreting Barton v. Barbour.

Action by Three Courts Required to Settle an Appeal in the Circuit Court

Bankruptcy court approval isn’t enough to settle an appeal in the circuit court.

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