Rochelle's Daily Wire

The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.

Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.

Judge Mary Ann Whipple declined to engraft a ‘use’ restriction onto the broad meaning of ‘motor vehicle’ in Ohio.

Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.

Following the 2005 amendments, satisfying either the subject test or the objective test will prove the ‘ordinary course’ defense to a preference, Judge Hoffman says.

Seemingly in conflict with Section 329, a district court decided that a chapter 7 debtor’s attorneys could sue for post-petition fees, even though the firm never disclosed the fee arrangement as required by Section 329 and Rule 2016.

The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.

For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.