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Practice and Procedure

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.

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

April 2018

Bankruptcy Code
101
1102
1104
1121
1129
Topic Tags
Legislation
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.

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.

2nd Circuit
New York
New York Northern District

Crooked Path to Nondischargeability of Restitution Obligations

April 2019

Bankruptcy Code
523
1328
Topic Tags
Claims
Plan Confirmation
Practice and Procedure
Discharge/Dischargeability
Commercial Fraud
Wednesday, March 14, 2018
Article Tags
Court Administration
Ethics
Practice and Procedure
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Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit
Maryland

Creative Use of Chapter 11 to Pursue Patent Claims in FastShip (and a “Chapter Two”)

June 2018

Bankruptcy Code
524
1129
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Practice and Procedure
Friday, March 9, 2018
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Practice and Procedure
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