Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Court:
Debtor’s Settlement Cannot Compromise a Creditor’s Claim Objection
‘Plain language’ of Section 502(b) prevents debtors from settling claim objections brought by creditors, Utah judge rules.
Court:
Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
Court:
Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
Court:
Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral
Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.
Court:
Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
Court:
Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.
Court:
Courts Divided over Jury Trials for Breach of Post-Petition Contracts
Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.
Court:
Debtor Has Valid Homestead Exemptions Even Without Equity in the Property
Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.
Court:
Child Support Cases Avoid Thorny Choice of Law Questions
Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.