Practice and Procedure

Espinosa Doesn’t Forgive All Procedural Defects in Confirmation, Judge Ludwig Says

To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.

Who’s My Client? The Importance of Engagement Letters

June 2021

Welcome and Judicial Round & Round

Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit

Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.

An Individual Can’t Assume a Lease by Reaffirming the Debt

A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.

Amount of an Exemption Isn’t Required to Make an Order Final, Circuit Majority Says

Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.