June 24, 2020
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
June 23, 2020
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
June 22, 2020
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
June 19, 2020
Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.
June 17, 2020
Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.
June 17, 2020
Courts still have no consensus about debtors’ right to receive PPP ‘loans’ under the Cares Act.
June 16, 2020
Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”
June 16, 2020
Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.
June 15, 2020
An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.
June 12, 2020
Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.