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Practice and Procedure

On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds

Deadlines for direct appeal to the circuit are procedural, not jurisdictional.

4th Circuit

Solicitor General Supports the Debtor in Midland Funding on FDCPA Violation

Government says that filing a stale bankruptcy claim violates the FDCPA.

Supreme Court

Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.

5th Circuit
Texas
Texas Southern District

Even Without a Mediation Privilege, Mediation Statement Is Protected from Discovery

Work product and opinion privileges protect mediation statement from discovery.

8th Circuit
Missouri
Missouri Western District

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

Ensuring Enforcement of the Eleventh-Hour Mediation Deal

Feb 2017

Topic Tags
Alternative Dispute Resolution
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Executory Contracts/Leases
Fraud
Fraudulent Transfers
Practice and Procedure
Preferences
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Family/Divorce Issues
Mortgage
Airlines
Agriculture/PACA
Bankruptcy Taxation
Business Reorganization
Chapter 12/Farm Cases
Commercial Fraud
Detroit
Finance and Banking
Govt. Claims/Sovereign Immunity
Health Care
Hospitality, Entertainment Venues and Gaming
Insurance
International Insolvency
Investment Banking
Labor/Employment
Lender Liability
Mass Torts
Municipal Bankruptcy
Public Companies and Claims Trading
Puerto Rico
Real Estate
Retail
SEC Issues
Small Business
Telecom/Tech
Turnaround Issues
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit
Utah

Litigation Finance in Bankruptcy: Unlocking Value for Creditors

March 2017

Bankruptcy Code
CHAPTER 7 Liquidation
CHAPTER 11 - Reorganization
Topic Tags
Bankruptcy Litigation
Creditors' Committee
Fraudulent Transfers
Practice and Procedure
Preferences
Professional Compensation/Fees

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

10th Circuit
Oklahoma
Oklahoma Western District

Avoiding Illusory Recoveries: Black-Scholes Protections for Warrants Issued under a Plan

Feb 2017

Topic Tags
Creditors' Committee
Plan Confirmation
Practice and Procedure
Valuation
Business Reorganization
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