Practice and Procedure

How to Cross-Examine a Witness

Bankruptcy Rules You Should Know

Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, BAP Says

BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.

Mental Health and Well-Being

Judge Walrath Describes Due Diligence to Plead After the Amendment to Section 547(b)

The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.

Plan Amendment Barred When Just a Few Claims Had Been Paid After Confirmation

Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.

Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1

The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.

Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims

Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.

A Corporation Can’t Appeal an Order Converting Its Own Case to Chapter 7

Former managers of a corporation can appeal a conversion order in their own right, Tenth Circuit says.

Judges’ Roundtable: Selected Current Topics