Practice and Procedure

Trial Preparation and Evidence

So, You Think You’re an Expert on Evidentiary Issues?

Third Circuit Sets the Standard for Qualification of a Future Claimants’ Representative

A representative of future claimants must meet a higher standard than disinterestedness, the Third Circuit said, but technical conflicts may not be disqualifying.

May a Judge Revoke a Small Business Designation under Subchapter V of Chapter 11?

Bankruptcy Judge Gunn found the power to revoke a small business designation and proceed under ‘traditional’ chapter11 in lieu of dismissing or converting to chapter 7.

Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal

Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals.

District Judge Effectively Bars a Short Sale Without Paying the Homestead Exemption

Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.

President Biden Signs Bankruptcy Threshold Adjustment and Technical Corrections Act into Law

Aug 2022