consumer Cases
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 4, 2022
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
May 2, 2022
The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.
April 22, 2022
Reliance on advice of counsel is not a complete defense to contempt citations.
April 19, 2022
10th Circuit , Colorado ,
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
April 15, 2022
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
April 11, 2022
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
April 5, 2022
Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.