Practice and Procedure

Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).

Ninth Circuit BAP and a Brooklyn District Judge Agree on Removal to the Bankruptcy Court

Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.

Creditor Filing Time-Barred Claims Is Hit with Debtor’s Attorneys’ Fees

The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.

Undisclosed Assets Revest in the Debtor After Dismissal but Not After Closing, BAP Says

If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.

Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order

Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.

General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt

The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.

Certified Mail Can Be an Inferior Method for Serving a Summons and Complaint

Serving a summons and complaint by certified mail is ineffective without a return receipt.