Practice and Procedure

Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination

Dissenter contends that the majority misread the circuit’s own precedent.

Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial

Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.

Did You Really Just Say That? Listening and the Art of Advocacy

Dec 2017

Tech Tock, Tech Tock: New Technologies and the Countdown to Your Ethical Demise

Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier

Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.

Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.

Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order

Third Circuit gives immunity to a trustee for unilateral action protecting estate property.