June 13, 2018
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
June 12, 2018
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
June 11, 2018
Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
June 8, 2018
A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.
June 7, 2018
Sympathy for a client won’t make up for counsel’s mistake.
June 6, 2018
To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.
June 5, 2018
Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.
June 4, 2018
Courts split on the dischargeability of debts incurred in the course of divorce or separation.
Section 502(b)(4) shields debtors from overreaching lawyers in a new context.