January 24, 2020
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
January 21, 2020
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
January 17, 2020
A creditor lost a dischargeability suit by failing to call the right witnesses to prove that a lawyer’s trust account was used to hide assets.
January 15, 2020
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
January 13, 2020
Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.
January 10, 2020
A nonprecedential opinion applies Fifth Circuit authority to achieve a result that’s equitable for the debtor and creditors, and maybe also for a personal injury defendant.
January 9, 2020
A debtor with a law degree but only $37,500 in gross annual income was permitted to discharge more than $220,000 in student loans.
January 3, 2020
A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.
January 2, 2020
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.
December 23, 2019
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.