Practice and Procedure

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

Evidence and Trial Skills in Consumer Bankruptcy Cases

Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt

Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.

Creative Theory Fails to Give an Automatic Appeal from a Non-Core Interlocutory Order

Interlocutory orders by bankruptcy courts on non-core claims don’t give rise to immediate de novo review as proposed findings and conclusions.

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders

Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.

24 Variations of a Reaffirmation Agreement and the Corresponding Actions Required by the Court

Feb 2018

Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses

To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.

Third Circuit Explains When Sale Orders Are Not Automatically Moot

Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.

How to Make Your Educational Conference Panel a Success

Jan 2018