Practice and Procedure

The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee

If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.

Litigation Skills

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