Practice and Procedure

Escaping the Net of a Governmental Unit Classification

March 2019

Witness: The Honorable Practice of Bankruptcy

My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Parts I and II

Judge, I’ve Got a Feeling We’re Not in Kansas Anymore (or Moscow, Either)

March 2019

Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t

Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.

Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy

Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.

Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing

A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’