December 17, 2018
Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!
December 14, 2018
In the first opinion at the circuit level, the First Circuit latches onto the lousy drafting of Section 362(c)(3)(A) to end the automatic stay entirely, 30 days after the second filing within a year.
December 13, 2018
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
December 12, 2018
‘Adamant’ dissenter argues that condemnation claims arising from eminent domain are excepted from discharge under the Takings Clause.
December 11, 2018
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
December 10, 2018
MPM Silicones makes law again, this time on subordination of junior secured lenders.
December 7, 2018
Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’
December 6, 2018
Pet insurance and proceeds are exempt, even above the value of the pet.
December 5, 2018
Lying about herpes resulted in a nondischargeable debt for fraud and battery.
December 4, 2018
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).