Practice and Procedure

Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days

The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.

Experts: Who, What, When & Where

Evidentiary Focus on Deposition, Cross-Examination & Testimony Prep

Retention Issues

Trustee Allowed to Sue for Fraudulent Transfer on an Unenforceable Contract

Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.

Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years

Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.

Practice Pointers: When Bankruptcy and Consumer-Protection Statutes Collide

Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.

Is Under Oath Enough? Issues of Evidence Considered at Summary Judgment

Sept 2019