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Practice and Procedure

‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court

Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.

2nd Circuit
New York
New York Eastern District

Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars

Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.

7th Circuit
Illinois
Illinois Northern District

The Indian Viewpoint on Mediation

April 2021

Topic Tags
Alternative Dispute Resolution
Bankruptcy Litigation
Legislation
Practice and Procedure
Covid19

Lease Negotiation During COVID-19

March 2021

Topic Tags
Financial Advisors
Practice and Procedure
Business Reorganization
Real Estate
Turnaround Issues

Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act

A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.

6th Circuit
Ohio
Ohio Northern District

Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors

A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.

5th Circuit
Louisiana
Louisiana Western District

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).

6th Circuit

Debtors Can Have Their Cake and Eat It, Too

April 2021

Bankruptcy Code
1188
1189
1190
1191
1194
101
11 U.S.C. § 506(c)
502
Topic Tags
Creditors' Committee
Plan Confirmation
Practice and Procedure
Valuation
Business Reorganization
Small Business
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?

9th Circuit
California
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.

2nd Circuit
New York
New York Eastern District
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