Practice and Procedure | ABI

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The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’

The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).

Court :

Debtors Can Have Their Cake and Eat It, Too

Bankruptcy Code

11 U.S.C. § 506(c)

Topic Tags

Creditors' Committee

Plan Confirmation

Practice and Procedure

Business Reorganization

Unsecured Trade Creditors

Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

Court :

California Eastern District

The Standards for a Pre-Filing Injunction Against a Vexatious Litigant

The record as a whole and the likelihood of further abuse justify a pre-filing injunction.

Court :

New York Eastern District

Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

Court :

Florida Middle District

Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge

The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.

Court :

Auction Sales: Disclosing Bidder Connections Prevents Surprises

Bankruptcy Code

11 U.S.C. § 363(m)

Topic Tags

Practice and Procedure

Business Reorganization

Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations

Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.

Court :

Pennsylvania Western District

Guarantee of a Lease Survives Rejection if the Tenant Remains in Possession

District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.

Court :

Dissolved Corporation May Not File to Reorganize in Chapter 11, Only to Liquidate

Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.

Court :

Texas Southern District

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