August 04, 2025
On a Split, the Deadline for Withdrawals Is 30 Days, not the 90 Days in Rule 9027
The time to withdraw a lawsuit to bankruptcy court is governed by a general federal statute that doesn’t refer to bankruptcy, not the Bankruptcy Rule that specifically governs withdrawals to bankruptcy cases, a district judge says.
Texas Northern DistrictAugust 01, 2025
A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal
A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal
California Central DistrictJuly 31, 2025
A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction
In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.
KansasJuly 30, 2025
On a Split, First Circuit Holds that Deadlines to Join Involuntary Petitions Are Permissible
Changing the rule under the former Bankruptcy Act, the Code and Federal Rule 24 now allow bankruptcy courts to impose deadlines for creditors to join involuntary petitions.
1st CircuitJuly 28, 2025
Forum Non Conveniens Applied When Chapter 15 Would Have Been a Better Fit
The Fourth Circuit’s nonprecedential opinion means that chapter 15 doesn’t have the exclusive remedy for enjoining U.S. litigation in cross-border bankruptcies.
4th CircuitJuly 24, 2025
Delaware’s Judge Silverstein Writes an Opinion with Stuff on Practice and Procedure
A trustee could sue on behalf of a dissolved Delaware corporation.
July 02, 2025
A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
9th CircuitJune 27, 2025
Debtor Granted Absolution for a 10-Day Delay in Serving a $40 Million Preference Suit
Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.
2nd Circuit, New York, New York Southern DistrictJune 26, 2025
There’s Reciprocal Fee-Shifting in California When a Contract Has Unilateral Fee-Shifting
In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.
9th Circuit, California, California Eastern DistrictJune 24, 2025
BAP Upholds Confirmation of a Plan with No Trust for Future Asbestos Claimants
Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.
9th Circuit