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February 02, 2021

Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?

February 01, 2021

The appeals court sticks to basics and rejects several clever arguments to beat a preference.

January 29, 2021

A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.

January 28, 2021

A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.

January 27, 2021

The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).

January 25, 2021

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

January 22, 2021

Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.

January 21, 2021

The record as a whole and the likelihood of further abuse justify a pre-filing injunction.

January 19, 2021

When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.

January 18, 2021

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.