Practice and Procedure

Match Wits with the Experts! An Ethics Game Show Featuring the Audience

Delaware Bankruptcy Judge Dismisses a Lawsuit for Forum Non Conveniens

Although a chapter 11 plan can bind parties throughout the world, Judge Sontchi wouldn’t let a foreign debtor sue a foreign bank in the Delaware bankruptcy court over a transaction that occurred in England.

Working from Home: Employee Work Issues and Claims in the Post-COVID-19 World

Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay

Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.

No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says

The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

BAP Rules that Tolling in Section 108(c) Does Not Apply to Notices Under Section 546(b)

In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.

Chapter 15 Permits Discovery to Lay Groundwork for a Lawsuit, New York Judge Says

Judge Garrity wasn’t required to rule on whether Bankruptcy Rule 2004 applies in chapter 15 cases.

Executive Compensation: Need for a Change to the Bankruptcy Code

Feb 2022