‘Oops’ and ‘Mea Culpa’ Won’t Make a Security Interest Attach, Judge Nugent Says
When it comes to attachment and perfection of a security interest, the devil is in the details.
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Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
Judge Name - Do not use it.
Robert E. Nugent
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.
Judge Name - Do not use it.
Robert E. Nugent
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
Judge Name - Do not use it.
Robert E. Nugent
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
Judge Name - Do not use it.
Robert E. Nugent
Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.
Judge Name - Do not use it.
Robert E. Nugent
Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.
Judge Name - Do not use it.
Robert E. Nugent