District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
Debtors aren’t required to turn over tax returns that don’t exist.
Relation-back kicks in if an earlier motion contains the elements of a complaint.
There is no implied assumption of an executory employment contract under the Bankruptcy Code.
ICRPs are always a factor in discharging student loans.
Another court rules on automatic removal of property from the estate under state law.
Motion for reconsideration must be made promptly, or due process violation will evaporate.