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Practice and Procedure

District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment

Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.

10th Circuit
Utah

Supreme Disappointments: The View from the Top of the Mountain

Sept 2020

Bankruptcy Code
11 U.S.C. § 544
Part VIII. Appeals To District Court Or Bankruptcy Appellate Panel
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Uniform Commercial Code/Article 9

COVID-19: A Catalyst of Modernization Across Jurisdictions

July 2020

Topic Tags
Certification
Court Administration
Practice and Procedure
Covid19
International Insolvency

Farmers in Chapter 12 Don’t Qualify for PPP ‘Loans,’ Milwaukee Judge Rules

A PPP ‘loan’ under the Cares Act isn’t a ‘grant,’ thus the government isn’t barred from discriminating against a bankrupt under Section 525(a).

7th Circuit
Wisconsin
Wisconsin Eastern District

Supreme Court Ducks Equitable Mootness and Third-Party Releases

The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.

Supreme Court

Best Tips for Agents and Trustees Dealing with Distressed Assets

July 2020

Topic Tags
Bankruptcy Litigation
Financial Advisors
Practice and Procedure
Business Reorganization
Covid19
Finance and Banking
Lender Liability

Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)

Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’

5th Circuit
Texas
Texas Southern District

Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court?

The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court.

2nd Circuit
New York
New York Southern District

Another Judge Allows Switching to the SBRA When a Pending Chapter 11 Is About to Fail

Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing

10th Circuit
New Mexico
Wednesday, May 13, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Mass Torts
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