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ABI Journal

Practice and Procedure

A Section 542(b) Turnover Action Can’t Be Used to Compel Payment of a Judgment

Writs of execution and supplemental proceedings, not turnover actions, are the methods for enforcing a money judgment, Bankruptcy Judge Warren says.

4th Circuit
North Carolina
North Carolina Eastern District
Wednesday, December 21, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
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Arguments Both Ways, Power to De-Designate from Subchapter V Left Undecided

Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.

3rd Circuit
Delaware

Privacy and Data Security Best Practices in § 363 Sales

Feb 2023

Bankruptcy Code
11 U.S.C. § 363
Topic Tags
Asset Sales
Practice and Procedure

Plan-Support Agreements: Uncertainty Abounds

Feb 2023

Bankruptcy Code
1125
Topic Tags
Administrative Expense Claims
Alternative Dispute Resolution
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Plan Confirmation
Practice and Procedure
Venue/Jurisdiction
Business Reorganization
Finance and Banking
International Insolvency
Investment Banking
Turnaround Issues

Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says

Some tasks are too complex for lawyers and should be performed by paralegals.

10th Circuit

Strict Rule Compliance Not Required for Serving a Complaint, Circuit Says

The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.

8th Circuit
Monday, December 12, 2022
Article Tags
Fraud
Practice and Procedure
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For Chapter 15 Recognition, the Foreign Proceedings Must Entail Insolvency

A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.

2nd Circuit
New York
New York Southern District

Third Circuit Importuned to Rule on Survival of the Solvent-Debtor Exception

Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.

3rd Circuit
Delaware
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