November 18, 2019
Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.
November 15, 2019
The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.
November 13, 2019
Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.
November 12, 2019
Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.
November 7, 2019
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
November 5, 2019
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
November 4, 2019
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
November 1, 2019
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
October 30, 2019
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.