consumer Cases
November 17, 2023
The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’
November 16, 2023
When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.
November 14, 2023
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.
November 8, 2023
We focus on ethics two days in a row, given the recent disturbing events in Houston.
November 7, 2023
Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.
November 6, 2023
A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
November 3, 2023
Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.
October 27, 2023
Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.
October 20, 2023
An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.
October 19, 2023
9th Circuit , Oregon ,
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.