Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says
Eleventh Circuit explains when a final order may not remain a final order.
Court:
Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Compensation for brain injury is a disability payment, not payment on a tort claim.
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.
Court:
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
Court:
Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing
Debtors aren’t required to turn over tax returns that don’t exist.