Displaying with Topic Practice and Procedure

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

Debtor must violate criminal law to justify dismissal, concurring opinion says.

How to ruin a good case: have your adversary arrested during mediation.

A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

Relation-back kicks in if an earlier motion contains the elements of a complaint.

A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.

Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.