Practice and Procedure | ABI

‘No Harm, No Foul’ Doesn’t Entitle a Debtor to a Discharge, BAP Says

Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.

Court :

Why Derivative Standing Might Be Inappropriate in Chapter 7 Cases

Bankruptcy Code

the Debtor and the Estate›Subchapter II - Debtor's Duties and Benefits›522

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Michigan Judge Prefers Dismissal if Conversion Won’t Benefit Unsecured Creditors

The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.

Court :

Michigan Western District

Virtual Hearings Might Be New, but Your Evidence Must Still Be Correct

Topic Tags

Bankruptcy Litigation

Court Administration

Practice and Procedure

Understanding Standing: Statutory Authority Made Simple

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard

Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.

Court :

University Medical Unscathed After Denby-Peterson, Delaware District Judge Says

The government lost a winnable appeal by failing to present evidence in bankruptcy court.

Court :

Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

Court :

Friday, September 4, 2020

Article Tags

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

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Caution: Trusts Under a Plan Might Dissolve Automatically If Not Extended

Language in the documents prevented trusts from dissolving automatically when the trustee missed a deadline for extending the duration of the trusts, Judge Isgur said.

Court :

Texas Southern District

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