Circuit Splits and Hot Topics with Bill Rochelle and Friends
Rochelle’s Rocky Mountain Case Law Update
No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
Court:
A Seemingly Final Order in a Larger Contested Matter Isn’t Final, Ninth Circuit BAP Says
Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.
Court:
Sixth Circuit Creates a Split by Requiring Dismissal of an Abusive Chapter 13 Filing
Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.
Court:
Hit ’Em Below the Belt (and in the Wallet): Professional Fees and Leverage Post-ASARCO
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