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ABI Journal

Practice and Procedure

05
July
2025
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says

When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.

05
July
2025
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Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
05
July
2025
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member

A Plan Appeal Wasn’t Equitably Moot, Even Though Reversal Might Rejigger New Equity

A district court in Houston denied a motion to dismiss a confirmation appeal as equitably moot, although reversal might alter ownership of the reorganized debtor.

Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt

To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.

Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says

An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.

The state of the bankruptcy bar and why it's shrinking. In the past 2 years, our 3-person panel has taken over 5 other law practices. Three practitioners retired. One died. One simply wanted to get out of the bankruptcy practice area. Many more exits are on the horizon.

It's important to understand how to take over another attorney's practice effectively, efficiently, and ethically. We are compelled to give clients options, but also have a duty to ensure they will continue to have cost-effective representation. It's also essential that those of us in the practice NOW are taking the appropriate steps in succession planning to make these transitions smooth.

We will discuss why we think people are getting out, why now, and what we can do to ensure we continue to have provide quality legal services in the practice of bankruptcy law. What steps must be taken under the guidance of the OCDC to efficiently and effectively take over a law practice. Consumer Suggested Speakers
Betsy
Lynch
blynch@chinnery.com
Brad
McCormack
bmccormack@saderlawfirm.com
Joe
Jeppson
jjeppson@jeppsonlawoffice.com
Betsy Lynch blynch@chinnery.com Chinnery Evans & Nail, PC
Bankruptcy Code