Practice and Procedure

Selling Assets of a Defunct Business Is a Legitimate Activity in ‘Sub V,’ Florida Judge Says

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

Mirror, Mirror on the Wall: Observations on Trial Practice from the Other Side of the Bench

Oct 2021

Disparate Treatment of POC in the Bankruptcy Process

Subchapter V in the Time of COVID

Nov 2021

Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion

A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.

Judicial Round & Round

Ethics: Know Before You Go

First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money

Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.

Coverage Gap: Rethinking SBRA’s Exclusion of SARE Affiliates

Oct 2021

A Trustee Can’t Always Avoid and Preserve an Unrecorded Mortgage for the Estate

Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.