Practice and Procedure

The Use of Mediation in Large Chapter 11 Cases: Useful, Voluntary and Mandatory (Part I)

Aug 2023

Topic Tags

Alternative Dispute Resolution

Claims

Bankruptcy Litigation

Creditors' Committee

Plan Confirmation

Practice and Procedure

Preferences

Business Reorganization

Mass Torts

Three Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees

The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.

Court :

11th Circuit

A Supreme Court Arbitration Opinion Could Disrupt Bankruptcies

Split 5/4, the Supreme Court rules that denial of a motion to compel arbitration automatically imposes a stay pending appeal.

Court :

Supreme Court

Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7

Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.

Court :

6th Circuit

Think First and File Later: Pitfalls in Claims Litigation

Sept 2023

Bankruptcy Code

Bankruptcy Rule 9011

Topic Tags

Claims

Bankruptcy Litigation

Ethics

Practice and Procedure

Consumer Bankruptcy

Consumer Debt

Hands Off My Creditors’ Committee! Examining the Trend of Reconstituting and Disbanding UCCs

Aug 2023

Bankruptcy Code

105

1102

Topic Tags

Bankruptcy Litigation

Creditors' Committee

Practice and Procedure

Business Reorganization

Thursday, June 22, 2023

Article Tags

Ethics

Practice and Procedure

Mass Torts

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Wednesday, June 21, 2023

Article Tags

Practice and Procedure

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Electronic Service? Nope.

Bankruptcy Code

Topic Tags

Practice and Procedure

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