October 14, 2021
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
October 13, 2021
Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.
October 12, 2021
Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.
October 11, 2021
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
October 8, 2021
The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.
October 7, 2021
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
October 6, 2021
Counsel sanctioned $10,000 for making allegations about an intentional or malicious stay violation without having performed an investigation to justify the claims.
October 5, 2021
5th Circuit , Louisiana ,
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
October 4, 2021
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
October 1, 2021
There can be no question about whether the beneficiary of a surety bond has been ‘paid in full’ before the surety has subrogation rights.