Practice and Procedure

Business Reorganization

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Rule 9006(b) Permits Bankruptcy Courts to Extend Statutes of Limitations

Extending statutes of limitations does not affect ‘substantive’ rights, thus the Rules Enabling Act does not preclude a rule from allowing an extension, Judge Julie Manning says.

Court :

2nd Circuit

Connecticut

Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.

Court :

Supreme Court

Benchnotes April 2024

the Debtor and the Estate›Subchapter III - The Estate›541

Bankruptcy Code

101

11 U.S.C. § 363

Topic Tags

Ethics

Fraudulent Transfers

Preferences

Family/Divorce Issues

Real Estate

Shareholder Standing Scrutinized in a Case that Presages Truck Insurance

Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?

Court :

3rd Circuit

Delaware

Longstanding Debate: Touhy Regulations vs. the FRCP

Topic Tags

Govt. Claims/Sovereign Immunity

Venue/Jurisdiction

A Stipulated Dismissal Won’t Serve as the Basis for Res Judicata, a/k/a Claim Preclusion

A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.

Court :

6th Circuit

The Jury Is In! Successfully Navigating Jury Trials in Bankruptcy

Topic Tags

Court Administration

California Central District

May a Trustee Attach a Preference Defendant’s Property Before Judgment?

If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.

Court :

9th Circuit

California

Data-Security Issues in § 363 Sales

Bankruptcy Code

11 U.S.C. § 363

Topic Tags

Asset Sales