May 10, 2022
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
May 6, 2022
To settle with a trustee, a creditor is not required to volunteer damaging information.
9th Circuit , Montana ,
April 29, 2022
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
April 27, 2022
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
April 22, 2022
Reliance on advice of counsel is not a complete defense to contempt citations.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
April 7, 2022
Being branded as a creditor is like a tattoo; it won’t ever come off.
March 31, 2022
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
March 14, 2022
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
March 1, 2022
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.