April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
April 4, 2022
A prevailing party can’t appeal arguably erroneous findings.
March 24, 2022
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
March 11, 2022
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
March 10, 2022
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
March 4, 2022
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
February 24, 2022
Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.
February 18, 2022
To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
February 16, 2022
Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.
February 4, 2022
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.