Practice and Procedure

A Claim Not Existing ‘But For’ Bankruptcy Lacks ‘Arising In’ Bankruptcy Jurisdiction

Bankruptcy jurisdiction narrowly construed to bar suits between nondebtors.

Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World

Summer

Courts Trending Toward Motion Date to Begin Adequate Protection Payments

Courts employ three dates for commencement of adequate protection payments.

Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says

Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.

Sixth Circuit Joins the Split on Whether Bankruptcy Courts Are ‘Courts of the U.S.’

The Supreme Court may have a new case to elevate or diminish the status of bankruptcy courts.

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

Professional Responsibility of Counsel in Consumer Cases: It Isn’t Just Filling Out Forms

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.