December 15, 2020
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
November 9, 2020
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
October 13, 2020
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
July 20, 2020
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
July 16, 2020
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
July 13, 2020
The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.
June 24, 2020
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
June 16, 2020
Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”
May 18, 2020
Fourth Circuit answered a question of first impression where the lower courts disagreed.
May 13, 2020
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.