Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago
Appeals court avoids a split of circuits by deciding a different issue this time.
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
Can a Plan Modify and Pay Off a Secured Claim Without Creditor Participation?
Texas judge circumvents Fifth Circuit’s requirement of secured creditor participation in chapters 11 and 13.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure
Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
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.
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Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.