January 28, 2020
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
January 27, 2020
Sixth Circuit upholds dismissal of claims for reverse veil piercing and reverse alter ego.
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 23, 2020
3rd Circuit , Delaware ,
Courts are divided on whether the district court loses jurisdiction to stay proceedings in bankruptcy court after the filing of a notice of appeal.
January 22, 2020
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
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 16, 2020
Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.
January 15, 2020
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
January 14, 2020
3rd Circuit , Delaware ,
Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.