Ninth Circuit BAP Overturns Summary Judgment Due to Misapplication of Issue Preclusion Under Ohio Law

Westhuizen v. Sky (In re Westhuizen), No. 22-1133 (9th Cir. BAP June 2, 2023) On June 2, 2023, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit overturned a bankruptcy court entry of summary judgment for nondischargeability under Bankruptcy Code § 523(a)(6).  The panel ruled that the bankruptcy court erroneously applied issue preclusion under Ohio... Continue Reading →

Third Circuit Adopts “Reasonable Reader” Standard Under Fair Credit Reporting Act

On August 8, 2022, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of three actions brought under the Fair Credit Reporting Act (15 U.S.C. §§ 1681 through 1681x) (“FCRA”), adopting a “reasonable reader” standard and holding that delinquent “Pay Status” notations referring to closed accounts are historical information, not reflecting current... Continue Reading →

Is Voyager Appeal Doomed to Fail?

On Thursday, March 9, 2023, Judge Michael E. Wiles of the U.S. Bankruptcy Court for the Southern District of New York entered an order confirming the plan of reorganization proposed by cryptocurrency broker Voyager Digital Holdings, Inc., over the vehement objection of the federal government. The government took an appeal the very next day and,... Continue Reading →

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