Practice and Procedure

Courts Divided on Venue for Small-Dollar Avoidance Actions

Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.

Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)

June 2019

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.

Leading Issues in Ethics and Civility, In and Out of the Courtroom

Ain’t Misbehaving

Opinion Letters for Bankruptcy Lawyers: What You Need to Know Before Issuing a Third- Party Opinion Letter

ABI Talks (2019 Annual Spring Meeting)

Puerto Rico Bondholders Can’t Compel Payment During Bankruptcy, First Circuit Says

First Circuit interprets chapter 9 and PROMESA to permit but not compel payments to special revenue bondholders during debt arrangement proceedings.

Circuit Upholds Dismissal of Suits to Restrict Puerto Rico’s Use of Tax Revenue

First Circuit bars use of declaratory judgments restricting Puerto Rico’s use of tax revenues.

Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints

Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.