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Recoupment of Social Security Benefit Overpayments Is Barred as a Setoff
Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.
Court:
Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
Court:
ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
Court:
A False Certificate of Payment (Temporarily) Barred a Landlord from Evicting
New York’s Judge David Jones explored the intricacies of Section 322(b)(22)’s bar to using bankruptcy to halt eviction.
Actual Notice Is Required for a Plan Injunction to Bind a Creditor
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
Court:
Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
Court:
Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
Court:
Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction
Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.