Practice and Procedure

General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt

The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.

Hawkeye: The High Price of Litigating Contract-Based Disputes Before Bankruptcy Court

May 2021

Certified Mail Can Be an Inferior Method for Serving a Summons and Complaint

Serving a summons and complaint by certified mail is ineffective without a return receipt.

Invoking Common-Interest Doctrine to Protect Plan Communications

May 2021

Third Circuit Resurrects an ‘Admin’ Claim When the Stalking Horse Had No Breakup Fee

The Third Circuit found loopholes in the purchase agreement permitting the buyer to assert an administrative claim, even though the breakup fee was disallowed.

What Investors Need to Know About the New Brazilian Law

May 2021

Finding Support for Debtors’ Payment of Pre-Petition Claims: Is There a Hole in the Statute, Dear Liza?

May 2021

Technology Issues: Crash Course

The Business Case: Game-Changing Benefits of Diversity, Equity & Inclusion

Individual Chapter 11 Debtors Have Standing to Raise Thirteenth Amendment Claims

The Eleventh Circuit was ‘skeptical’ about a violation of the anti-slavery amendment resulting from the appointment of a chapter 11 trustee to oust an individual chapter 11 debtor in possession.