Practice and Procedure | ABI

Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold

Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.

Court :

Iowa Northern District

Benchnotes June 2022

Bankruptcy Code

11 U.S.C. § 363(m)

11 U.S.C. § 544

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Practice and Procedure

Professional Compensation/Fees

Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court

This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.

Court :

Circumscribing the Attorney-Work-Product Doctrine in Chapter 11

Topic Tags

Bankruptcy Litigation

Corporate Governance

Practice and Procedure

Business Reorganization

Creditor Strategies in Subchapter V

Bankruptcy Code

Topic Tags

Practice and Procedure

Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy

Reliance on advice of counsel is not a complete defense to contempt citations.

Court :

Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy

In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.

Court :

Debtors, Defendants, Defenses and Dismissals: Dinner and Depositions with the Judges

Bankruptcy Code

Topic Tags

Practice and Procedure

Wednesday, April 20, 2022

Article Tags

Administrative Expense Claims

Court Administration

Plan Confirmation

Practice and Procedure

Business Reorganization

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Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees

At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.

Court :

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