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Home CHAPTER 5 - Creditors, the Debtor and the Estate Subchapter II - Debtor's Duties and Benefits 523 523

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Incorporating AAA Rules by Reference Won’t Work with Consumers

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.
Court: 
4th Circuit›South Carolina

Technicalities Insulated a Lawyer from Liability for Misusing an IOLA

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.
Court: 
2nd Circuit›New York›New York Eastern District

Debt of $46,000 Discharged Despite a Flagrantly False Loan Application

Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.
Court: 
9th Circuit›California›California Eastern District

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