Practice and Procedure

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

Show Me the Paperwork

Restoring and Saving Electronic Data in Bankruptcy

Award of Attorneys’ Fees to the Government Is a Dischargeable Debt

Section 523(a)(7) interpreted narrowly in a fee-shifting dispute.

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules

Failure to notice all class members was pivotal in permitting a class proof of claim.

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.

Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels

Ninth Circuit will decide en banc whether BAPs were “established” by Congress.

Second Circuit Drubs New GM on Successor Liability for Ignition Switch Defects

Due process failure exposes New GM to liabilities for Old GM’s conduct.