November 4, 2022
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
September 23, 2022
The appeals court rules that the Madoff trustee is entitled to summary judgment together with prejudgment interest at 4%.
September 13, 2022
Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.
September 2, 2022
Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.
August 25, 2022
A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.
August 10, 2022
Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.
August 3, 2022
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
August 2, 2022
Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).
10th Circuit , Kansas ,
July 1, 2022
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
June 21, 2022
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
3rd Circuit , Delaware ,