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.
Split decision allows a lender to take property out of an estate automatically.
Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.
Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.
Millennium-like third-party releases were approved without reaching constitutional issues.