August 15, 2019
A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.
August 14, 2019
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
August 13, 2019
Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.
August 12, 2019
Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.
August 9, 2019
Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.
August 8, 2019
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
August 8, 2019
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.
August 7, 2019
A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.
August 6, 2019
Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.
August 5, 2019
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.