Practice and Procedure

Second Circuit Protects a Madoff Conspirator Who Already Paid $7.2 Billion

Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.

The Code Does Not Permit a Debtor to Modify an Allowed Secured Claim

Aug 2018

Inside ABI July 2018

July 2018

New Bankruptcy Rule 3007(b) Alters Applicability of Res Judicata

When objecting to claims, new Rule 3007(b) means debtors are not required to assert counterclaims that would be adversary proceedings.

Stopped Payments as Avoidable Unauthorized Post-Petition Transfers

Aug 2018

The Supreme Court Is Not Ready to Tell Us When a Trustee or Debtor-in-Possession Possesses Seventh Amendment Jury Trial Rights in Bankruptcy … Here Is What We Know in the Meantime

Benchnotes August 2018

Aug 2018

Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years

Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.

Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules

Newly appointed Circuit Judge Willett has a way with words.

Choose Your Own Adventure: Cash-Out Elections Do Not Violate § 1123(a)(4)

Aug 2018