Practice and Procedure

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.

Removing an Employee Benefit Plan Trustee Is Proper in District Court

Courts continue disregarding Section 704(a)(11) as grounds for jurisdiction.

Seventh Circuit Opines on Bullard and the Concept of ‘Finality’

Did Bullard alter the notion of ‘finality’? Not in the Seventh Circuit.
Court: 

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.
Court: 

First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.
Court: 

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.