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Practice and Procedure

Wednesday, January 11, 2023
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Retail
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Wednesday, January 11, 2023
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Finance and Banking
Mass Torts
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The Best Opinion Yet Ordering Refunds for Overpayment of U.S. Trustee Fees

All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.

4th Circuit
Virginia
Virginia Eastern District
Friday, January 6, 2023
Article Tags
Practice and Procedure
Labor/Employment
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It Wasn’t a Good Idea for 3M Corp. to Call Its Multidistrict Litigation a ‘Failure’

District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.

11th Circuit
Florida
Florida Northern District

An Order Allowing a Priority Claim Must Be Appealed Immediately, Circuit Says

An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.

11th Circuit

Benchnotes February 2023

Feb 2023

Bankruptcy Code
362(d)
105
328
547
Bankruptcy Rule 9011
Topic Tags
Alternative Dispute Resolution
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Corporate Governance
Ethics
Executory Contracts/Leases
Fraud
Plan Confirmation
Practice and Procedure
Preferences
Professional Compensation/Fees
Consumer Bankruptcy

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
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

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
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