Rochelle's Daily Wire

Extending statutes of limitations does not affect ‘substantive’ rights, thus the Rules Enabling Act does not preclude a rule from allowing an extension, Judge Julie Manning says.

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.

Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?

A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.

Prof. Westbrook believes there is no common law alternative to chapter 15.

If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.

Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.

A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.