Practice and Procedure

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

Harmonizing § 503(b)(1) and (b)(9) to Provide Comfort and Clarity

Feb 2023

A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

A Conversation About Mental Health and the Practice of Law

Skills: Involuntary Bankruptcy Cases

“40 Under 40” Panel: Practical & Ethical Pitfalls in a Post-COVID World

Temporary Allowance Under Rule 3018(a): Patterns and Precepts

Oct 2022

No De Novo Review of Discovery Sanctions After the Reference Is Withdrawn

An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.

FERC Strikes Out a Third Time in the Fifth Circuit on Rejecting Power Contracts

FERC tried the patience of the Fifth Circuit by arguing again that the agency can bar a chapter 11 debtor from rejecting a filed-rate contract.