Practice and Procedure | ABI

Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans

Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?

Court :

North Carolina Eastern District

Rebutting the Presumption of Insolvency During a Pandemic

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Three Judges Permit Redesignation under the SBRA, But with Qualifications

The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.

Court :

Friday, July 10, 2020

Article Tags

Practice and Procedure

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Eighth Circuit Won’t Impose Unwritten Requirements on Service of a Claim Objection

In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.

Court :

Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows

The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.

Court :

Wednesday, July 8, 2020

Article Tags

Bankruptcy Litigation

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

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Involuntary Cases Meet Abstention in ABC Cases

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Unsecured Trade Creditors

Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization

Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.

Court :

Oklahoma Western District

The Ninth Circuit and the BAP Draw Opposite Conclusions from the Same Testimony

For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.

Court :

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