Practice and Procedure

Bad Faith Filings in Chapter 15 Can Be Entitled to ‘Foreign Main Recognition,’ BAP Says

The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.

The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants

Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.

Stress Resiliency and Peak Performance in the Law

Turning Words into Tactics: DEI in Practice

Disregarding Scheduling Orders Can Waive Jury Trials and Objections to Final Orders

Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.

Solvency Shortcuts: The Use and Misuse of Simple Tools for Predicting Financial Distress

May 2022

Hardship Discharge: A Case Study and Analysis of § 1228(b)(2)

May 2022

Barton Doctrine Limited by the Eleventh Circuit? Examining Keitel

April 2022

Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’

Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.