December 8, 2020
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
December 2, 2020
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
November 27, 2020
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
November 23, 2020
An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.
November 9, 2020
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
November 3, 2020
Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.
October 28, 2020
The equitable power under Section 105(a) permits extending the discharge objection deadline when the court makes a mistake.
October 23, 2020
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
October 22, 2020
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
October 20, 2020
Electing English law upheld, even though no one had any connection with the U.K.