Montana

Bankruptcy Judge Hursh Denies Arbitration over a Trustee’s Usury Claim

Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.

It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says

To settle with a trustee, a creditor is not required to volunteer damaging information.

An Individual Can’t Assume a Lease by Reaffirming the Debt

A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.

An Order Directing Specific Performance Means the Contract Is Not Executory

Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.

‘Local vs. National’ Rate Controversy Reemerges in a Catholic Diocese Reorganization

Montana judge cuts committee counsel’s interim allowance to rates charged by debtor’s counsel.

CFPB Suit in District Court Immune from Transfer to Bankruptcy Court

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.