Displaying with Topic Practice and Procedure

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.

A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.

Sympathy for a client won’t make up for counsel’s mistake.

Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.

Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

Fourth Circuit again shows itself to be a debtor-friendly venue.

Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.