Practice and Procedure

Benchnotes August 2017

Aug 2017

“You Can’t Sue Me”: Preclusion of Claims Against Professionals

Aug 2017

Stoppage Notices Have Chilling Effect on Liens of Secured Creditors: O2Cool Opinion Revisits UCC Remedy

Aug 2017

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

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.