June 4, 2021
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
June 3, 2021
First Circuit BAP explains what lien avoidance does and doesn’t do.
May 18, 2021
A minority of courts hold that a suit in bankruptcy court can violate the automatic stay if based on a claim that could have been brought before bankruptcy and did not arise under the Bankruptcy Code.
May 12, 2021
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
May 7, 2021
Harassing a former lover isn’t an automatic stay violation.
May 6, 2021
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.
April 28, 2021
The appeals court reviews the ‘totality of the circumstances’ when government action has elements of both regulatory enforcement and furtherance of the state’s pecuniary interest.
April 20, 2021
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
April 15, 2021
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
April 13, 2021
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.