Bankruptcy Litigation

Case Law Summary of 2024 Duberstein Moot Court Competition Problem

The 32nd Annual Duberstein National Bankruptcy Moot Court Competition Problem

Benchnotes June 2025

June 2025

Comparable Companies: If It Ain’t Broke, Don’t Fix It

July 2025

Equitable Mootness: Has the Scalpel Become an Axe?

June 2025

Appellate Practice for the Rest of Us

BAP to the Future: Multi-Circuit BAPs, Judicial Capacity and Precedent

July 2025

Section 107 Governs Sealing of Court Documents, Not Common Law, Third Circuit Says

Section 107 more broadly protects trade secrets and confidential information than does common law.

In Pari Delicto Defense Doesn’t Apply to a Trustee Exercising Avoidance Powers

Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.

A Contempt Sanction Is Not a ‘Money Judgment’ and Doesn’t Require Writ of Execution

A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).