September 3, 2024
A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.
August 30, 2024
The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.
August 29, 2024
A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.
August 28, 2024
In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.
August 27, 2024
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
August 26, 2024
4th Circuit , Maryland ,
Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.
August 23, 2024
Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.
August 22, 2024
Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.
August 21, 2024
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.
August 20, 2024
Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.