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Displaying Journal Articles with Topic Practice and Procedure

April 21, 2018

Courts are split on the status of inherited claims as estate property.
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.

April 18, 2018

Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.

April 17, 2018

Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.

April 12, 2018

Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.

April 11, 2018

Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.

April 6, 2018

Confirmation order cannot turn someone else’s property into estate property.
The battle continues in Chicago over using chapter 13 to beat parking tickets.

April 4, 2018

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

April 3, 2018

Judicial estoppel requires ‘an effort to game the bankruptcy system.’