Practice and Procedure

BAP Decision Previews Issues Confronting the Supreme Court in Ritzen

Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’

Second Circuit Explains when Default Judgments Qualify for Issue Preclusion

Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.

Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says

Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.

Cheat, Prey, Shove: 3 Acts Forbidden by Ethics

November 2019 Benchnotes

Nov 2019

Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says

Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.

Getting Debtors Back to the Future: The Case for Abolishing the “Wet Ink” Signature Requirement

Oct 2019

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

May a Trustee Recover Proceeds from Fraudulently Transferred Property?

Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.