Practice and Procedure

Third Circuit Harmonizes Law v. Siegel with Marrama

Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.

Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months

Two circuits allow discretion for non-culpable debtor to make payment after five years.

Unshackled: Musings of Retired Bankruptcy Judges

Class Claim Allowed to Deter Incorrect Business Practice

Consummating a plan demonstrated that a class claim did not prejudice case administration.

Legislative Highlights June 2017

June 2017

Shareholder Can’t Recover Costs on Dismissal of Involuntary Against a Corporation

With a proper finding, a shareholder might recover costs on dismissal of an involuntary.

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Stale Claims

Suit in Texas attacks the filing of stale claims permitted by Midland Funding.

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.