June 3, 2022
Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.
June 2, 2022
8th Circuit , Minnesota ,
Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.
June 1, 2022
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
May 31, 2022
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
May 27, 2022
10th Circuit , Utah ,
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
May 26, 2022
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
May 25, 2022
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
May 24, 2022
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
May 23, 2022
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
May 20, 2022
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.