March 3, 2020
Courts are split on whether a personal guaranty survives bankruptcy.
February 27, 2020
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
February 26, 2020
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
February 25, 2020
Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.
High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.
February 18, 2020
Failure to respond to a well-pleaded complaint implies consent for the bankruptcy court to enter final judgment in an avoidance action, Judge Glenn rules.
February 11, 2020
Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.
February 10, 2020
Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.
3rd Circuit , Delaware ,
February 7, 2020
First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.
February 5, 2020
First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.