Practice and Procedure | ABI

UpRight: A Cautionary Tale of a National Consumer Law Firm

Topic Tags

Practice and Procedure

Consumer Bankruptcy

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

Court :

Florida Southern District

Transwest Revisited: No Due-on-Sale Required in Restructured Loans

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Practice and Procedure

Business Reorganization

Hospitality, Entertainment Venues and Gaming

Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme

Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.

Court :

California Northern District

Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

Court :

The Trustee and the Bitcoin: Identifying and Recovering International Cryptocurrency Assets

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Practice and Procedure

Venue/Jurisdiction

Commercial Fraud

International Insolvency

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

Court :

Thursday, May 10, 2018

Article Tags

Bankruptcy Litigation

Corporate Governance

Court Administration

Practice and Procedure

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California Judge Lays Out Rules for Jury Trials in Bankruptcy Court

Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.

Court :

California Central District

A Fraudulent Transfer Complaint Doubles as an Exemption Objection

To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.

Court :

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