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October 18, 2023

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

July 31, 2023

With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.

July 06, 2023

‘Conflict preemption’ bars retaliation by a professional whose fees are disputed.

June 07, 2023

A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’

May 24, 2023

An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.

April 24, 2023

Judge Bason of Los Angeles would permit a creditor in ‘limited circumstances’ to undertake Rule 2004 discovery in a chapter 15 case to further the court’s ‘assistance of the foreign main proceeding.’

April 11, 2023

Bankruptcy Judge Christopher Klein provides authority for student loan debtors who win in bankruptcy court but face an appeal aimed at the trial court’s fact-findings.

March 10, 2023

As a general rule, counsel must show the existence of a document with a ‘wet’ signature to use an electronically signed version in court.

January 29, 2023

Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.

January 24, 2023

Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.