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ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
Court:
A False Certificate of Payment (Temporarily) Barred a Landlord from Evicting
New York’s Judge David Jones explored the intricacies of Section 322(b)(22)’s bar to using bankruptcy to halt eviction.
Actual Notice Is Required for a Plan Injunction to Bind a Creditor
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
Court:
Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
Court:
Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
Court:
Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction
Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.
Benchnotes March 2024
Journal Issue:
Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.