Practice and Procedure

Sixth Circuit Joins the Split on Whether Bankruptcy Courts Are ‘Courts of the U.S.’

The Supreme Court may have a new case to elevate or diminish the status of bankruptcy courts.

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

Professional Responsibility of Counsel in Consumer Cases: It Isn’t Just Filling Out Forms

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.

Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel

Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.

Final Order of Dismissal Makes Other Appeals Constitutionally Moot

Ninth Circuit adopts Eighth Circuit test for constitutional mootness.

Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible

Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.