Practice and Procedure

On a Split, the Deadline for Withdrawals Is 30 Days, not the 90 Days in Rule 9027

The time to withdraw a lawsuit to bankruptcy court is governed by a general federal statute that doesn’t refer to bankruptcy, not the Bankruptcy Rule that specifically governs withdrawals to bankruptcy cases, a district judge says.

A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal

A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal

A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

On a Split, First Circuit Holds that Deadlines to Join Involuntary Petitions Are Permissible

Changing the rule under the former Bankruptcy Act, the Code and Federal Rule 24 now allow bankruptcy courts to impose deadlines for creditors to join involuntary petitions.

Forum Non Conveniens Applied When Chapter 15 Would Have Been a Better Fit

The Fourth Circuit’s nonprecedential opinion means that chapter 15 doesn’t have the exclusive remedy for enjoining U.S. litigation in cross-border bankruptcies.

Delaware’s Judge Silverstein Writes an Opinion with Stuff on Practice and Procedure

A trustee could sue on behalf of a dissolved Delaware corporation.

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A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

Debtor Granted Absolution for a 10-Day Delay in Serving a $40 Million Preference Suit

Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.

There’s Reciprocal Fee-Shifting in California When a Contract Has Unilateral Fee-Shifting

In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.