Practice and Procedure

Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.

Being Forced into Bankruptcy Can Be Irreparable Harm, Third Circuit Says

A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.

Unraveling Business Email Compromise Fraud

Oct 2024

Rule 2004 Examinations in Adversary Proceedings or Contested Matters: Not Your Time to Fish!

Litigation in bankruptcy can be highly contentious, and attorneys often believe that the normal rules in federal district court governing depositions do not apply to a Rule 2004 examination of a debtor. But do those attorneys have it wrong in an adversary proceeding or contested matter? Rule 2004 exams are not always as broad as interested parties hope.

If It Ain’t Broke, Should the Court “Fix” It? Payment Periods in Nonconsensual Sub V Plans

Oct 2024

Benchnotes October 2024

Oct 2024

Appeals

Ethics: Use of AI and Ethical Issues

Expert Evidence: Using the Rules

Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights

A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.