Article Exchange

Blue Light Special in the Boot and Nuke Department - Part I

None of Your Business, Trustee!

A recent decision by Judge Montali denied a bankruptcy trustee’s bid to capture a piece of the sole proprietorship business of a non-filing spouse.

Getting Off the Omnibus: Fair Notice of Claims Objections

Everyone who has represented a general unsecured creditor in a big chapter 11 case has had this experience.

Adbox Redux: Who Must Prove and Disprove Earmarking

In the previous post, I commented on In re Adbox, Inc., 2007 WL 1584582 (9th Cir.

Counterclaims in Avoidance Actions? Are We Sure We Know Why Not?

If you have defended a few preference actions, I’ll bet that you’ve heard this one from your client more than once: “Can I countersue them for what they owe me?" The obvious (to a bankruptcy lawyer) and correc

No Need to Bother the Bankruptcy Judge – Continuing a Personal Injury Case After the Discharge to Reach Insurance

Bankruptcy Judge Lee of the Eastern District of California probably doesn’t think that it should be necessary to remind litigants that a personal injury plaintiff need not obtain relief from the post-discharge injuncti