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Justices revive PI claim omitted from plaintiff’s bankruptcy
A federal appeals court improperly narrowed the scope of its inquiry on the question of “inadvertent mistake” in deciding that the doctrine of judicial estoppel applied to bar a […]
Bankruptcy – Refusal to Lift Automatic Stay – Reorganization Effort
The bankruptcy court did not abuse its discretion in refusing to lift the automatic stay because DBMP’s Chapter 11 filing to pursue a §524(g) asbestos trust was a legitimate, non–bad-faith […]
Court upholds asbestos trust funding and good faith in reorganization plan
The 4th U.S. Circuit Court of Appeals affirmed the approval of a Chapter 11 reorganization plan for two debtor companies, finding no reversible error in the U.S. District Court for […]
Supreme Court rejects Alex Jones’ Sandy Hook appeal
The U.S. Supreme Court declined Alex Jones’ appeal, letting stand a $1.4B judgment over Sandy Hook hoax claims. Bankruptcy, defamation issues continue.
Bankruptcy – Chapter 11 Reorganization Plan – 11 U.S.C. § 524(g) Requirements
We found no reversible error in either of the district court’s conclusions: that the Chapter 11 reorganization plan was proposed in good faith, and that it satisfies § 524(g)’s various […]
Bankruptcy – Chapter 13 Bankruptcy Plan – ‘Non-Exempt’ Property
The sale of the debtor’s residence without first obtaining an order from the bankruptcy court violated the Chapter 13 bankruptcy plan. We affirmed in part, vacated in part, and remanded […]
Court remands Chapter 13 case but leaves counsel sanction intact
The 4th U.S. Circuit Court of Appeals has ruled that plaintiff’s unapproved sale of her home breached a confirmed Chapter 13 plan because the plan expressly incorporated a local rule requiring […]
Bankruptcy – Chapter 13 Bankruptcy Plan – Homestead Exemption
The court did not err in holding that the sale of Appellant’s residence violated her Chapter 13 bankruptcy plan. We reversed in part, vacated in part, and remanded. Christine Sugar […]
SCOTUS refines trustee’s power to claw back tax payments
In a case involving a bankruptcy trustee’s §544(b) action to claw back $145,000 shareholders in a failed Utah company misappropriated to pay their personal tax liabilities, Bankruptcy Code §106(a)’s sovereign-immunity […]
Bankruptcy – Default Judgment – Discovery Sanction
The bankruptcy court did not abuse its discretion in imposing default judgment. We affirmed the district court’s judgment affirming the bankruptcy court’s entry of default judgment against Appellants and awarding […]
How understanding cognitive biases can lead to a more just legal system
By Dr. Gleb Tsipursky Lawyers strive for fairness and justice in every case they handle. However, behavioral science research shows that human reasoning in legal contexts is inherently flawed and […]
Bankruptcy – Bankruptcy Code – Bankruptcy Plan’s Vesting Provision
The bankruptcy court cannot reject a plan’s vesting provision other than for reasons allowed by the Bankruptcy Code. We reversed the district court’s order and remanded for further proceedings. Sheila […]
Legal Tech
- How ransomware tactics against law firms are changing
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
Top Legal News
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- US judge casts doubt on 69,000 cases alleging J&J talc caused cancer
- Rockingham County asks NC Supreme Court to toss casino-related rezoning lawsuit
- Dutch judgment may provide alternate route to enforce arbitration award
- Legally Speaking: How communication failures turn disputes into lawsuits
- AG Jackson refuses to sign Duke Energy rate settlement
Commentary
- Legally Speaking: How communication failures turn disputes into lawsuits
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
