Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds
Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.
Court:
Bankruptcy Settlement Provided No Protection from Criminal Forfeiture
Criminal forfeiture and bankruptcy protect different interests, district judge says.
Court:
Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds
Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.
A Debt Purchaser Is Not a “Debt Collector” Regulated by the FDCPA, Supreme Court Holds
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
Court:
A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds
Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.
Court:
Narrow Ipso Facto Clauses Can Be Unenforceable
Code provisions voiding ipso facto clauses are interpreted broadly.
Turnaround Executive Lynn Tilton to Testify About Failed Ambulance Company
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
Court:
Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds
First Circuit narrowly interprets ‘arising in’ jurisdiction.
Court: