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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 25, 2023

Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.

June 28, 2023

The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.

June 26, 2023

Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.

June 20, 2023

Providing an adult child with room and board in the family home is not a fraudulent transfer.

June 14, 2023

Bankruptcy Judge Shannon says that the liquidating trust was not debtor’s counsel’s former client.

May 19, 2023

Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.

April 10, 2023

Fourth Circuit opinion shows how abstention is a powerful tool that insulates an erroneous decision from appellate review.

March 31, 2023

A large sanction was civil, not criminal, because it was designed for deterrence.

March 24, 2023

One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.