Practice and Procedure

District Courts Disagree on Enforcing an ‘Automatic Stay’ Protecting Nondebtors

A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.

Converting from Chapter 7 to Sub V to Liquidate Is Ok, Judge Cleary Says

A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.

It is time to amend Bankruptcy Rule 9031 to permit the appointment of special masters in bankruptcy.

Discussion of the compelling reasons why Bankruptcy Rule 9031 should be repealed or amended to allow for the appointment of special masters in bankruptcy cases and proceedings. Debtor Suggested Speakers Mark Conlan mconlan@gibbonslaw.com Gibbons P.C.

Benchnotes February 2025

Feb 2025

The $7.5 Million Subchapter Debt Limit Should Be Reinstated

Feb 2025

A Guarantor’s Guide to Marshaling

Feb 2025

SCC Clarifies Corporate Attribution Rules in Reviewable Transactions in Bankruptcy and Insolvency Cases

Feb 2025

Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration

A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.

No Stay for You! Section 362(n) and Its Impact on Small Business Cases

Feb 2025

Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort

Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.