Skip to main content
Help Center
ABI Journal

Practice and Procedure

Courts Split on Committee Intervention as of Right in Adversary Proceedings

The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).

11th Circuit
Florida
Florida Southern District

In the Interest of Justice: An Equitable Defense Can Defeat a Motion to Dismiss

A chapter 13 bankruptcy allows a defaulted homeowner the unique benefit of saving real property, along with other secured debt. Given the benefits of chapter 13, this particular type of bankruptcy has the ability to help a large mass of people, and as such requires an orderly administration. Chapter 13 Trustees — guided by Code provisions and bankruptcy rules — are the gatekeepers for this administration. While these trustees do a remarkable job in ensuring that debtors, creditors and other entities comply with procedural requirements, occasional oversights are expected.

Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says

The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.

9th Circuit

Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.

11th Circuit
Florida
Florida Southern District

Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says

Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.

10th Circuit
Colorado

The Perfect Economic Environment for Significant Profit Improvement

July 2022

Bankruptcy Code
valuation
Topic Tags
Financial Advisors
Practice and Procedure
Business Reorganization
Finance and Banking
Turnaround Issues
Thursday, May 12, 2022
Article Tags
Court Administration
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Health Care
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
Wednesday, May 11, 2022
Article Tags
Court Administration
Practice and Procedure
Puerto Rico
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
Tuesday, May 10, 2022
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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

Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes

Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.

1st Circuit
Subscribe to %1