Practice and Procedure

Friday, October 28, 2016

Article Tags

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

Court :

1st Circuit

Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

Court :

9th Circuit

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

Court :

7th Circuit

Illinois

Illinois Northern District

Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

Court :

3rd Circuit

Delaware

Second Circuit Bars Arbitration of Claim Subordination Dispute

Appeals court easily rules against arbitration on a core issue involving priority.

Court :

2nd Circuit

Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits

California district courts split on whether filing stale claims violates RICO.

Court :

9th Circuit

California

California Southern District

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

Court :

6th Circuit

Michigan

Michigan Eastern District

Supreme Court to Resolve Circuit Splits on the Fair Debt Collection Practices Act

High court grants certiorari in a second bankruptcy case for the new term.

Court :

Supreme Court

Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds

Debtors may face sanctions for continuing to occupy property they intend to surrender.

Court :

11th Circuit

Subscribe to %1