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November 16, 2023

When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.

November 14, 2023

Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.

November 08, 2023

We focus on ethics two days in a row, given the recent disturbing events in Houston.

November 07, 2023

Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.

November 06, 2023

A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.

November 03, 2023

Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.

October 27, 2023

Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.

October 20, 2023

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

October 19, 2023

Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.

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.