Early Edition with Bill Rochelle
Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
Court:
Recoupment of Social Security Benefit Overpayments Is Barred as a Setoff
Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.
Court:
Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
Court:
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: