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March 21, 2024

The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.

March 05, 2024

Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?

March 04, 2024

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.

February 28, 2024

In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.

February 21, 2024

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.

February 06, 2024

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.

January 16, 2024

Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.

December 05, 2023

At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.

December 04, 2023

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.

November 28, 2023

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.