California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions
District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.
Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says
Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.
Court:
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.
Qui Tam Suits Are Exceptions from the Automatic Stay
Automatic stay is no safe harbor from suits under the False Claims Act.
Final Order of Dismissal Makes Other Appeals Constitutionally Moot
Ninth Circuit adopts Eighth Circuit test for constitutional mootness.
Court:
Supreme Court Inadvertently Makes Life Difficult for Secured Creditors
Bullard gives bankruptcy judge more ammunition to stymie secured creditors.
Court:
Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.
Court:
Bankruptcy Court Stays Out of the Repo Business
The repo man will face no competition from the bankruptcy court.
Fifth Circuit Ducks an Undecided Issue on Automatic Stay Violation
Dissenter would have used a $1 case to rule on an issue of first impression.
Court: