Automatic Stay

In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim

A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.

Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already

Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.

First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds

Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.

BAP Decision Previews Issues Confronting the Supreme Court in Ritzen

Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’

Great Debates (Bankruptcy 2019: Views from the Bench)

Benchnotes October 2019

Oct 2019

Planning Cash Flow in Health Care Bankruptcies: Medicare and the Administrative Freeze

Oct 2019

Vesting in the Windy City: Debtors Should Decide How to Vest Property Under Chapter 13

Oct 2019

District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.