April 13, 2021
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
April 7, 2021
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
March 25, 2021
Serving a summons and complaint by certified mail is ineffective without a return receipt.
March 9, 2021
Constitutional arguments don’t entitle the creditor to stay relief.
March 1, 2021
In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.
February 22, 2021
Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.
January 6, 2021
Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.
January 5, 2021
The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.
December 18, 2020
By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.
November 30, 2020
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.