Practice and Procedure

Friday, March 30, 2018

Article Tags

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Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.

Court :

9th Circuit

State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).

Court :

5th Circuit

Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

Court :

2nd Circuit

New York

New York Southern District

Let’s Ask for Sanctions! (But What Kind?)

June 2018

Bankruptcy Code

11 U.S.C. § 105

9011

Topic Tags

Bankruptcy Litigation

Ethics

Practice and Procedure

Small Business Bankruptcy: Assessing a Broken System

Bankruptcy Code

Topic Tags

Practice and Procedure

Business Reorganization

‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

Court :

9th Circuit

Idaho

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

Court :

2nd Circuit

New York

New York Northern District

Crooked Path to Nondischargeability of Restitution Obligations

Bankruptcy Code

Topic Tags

Practice and Procedure

Discharge/Dischargeability

Commercial Fraud

Wednesday, March 14, 2018

Article Tags

Court Administration

Ethics

Practice and Procedure

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