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Displaying Journal Articles with Topic Practice and Procedure

June 15, 2018

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

June 14, 2018

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

June 13, 2018

BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.

June 8, 2018

A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.

June 7, 2018

Sympathy for a client won’t make up for counsel’s mistake.

June 5, 2018

Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.

May 31, 2018

Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.

May 30, 2018

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

May 29, 2018

Fourth Circuit again shows itself to be a debtor-friendly venue.
Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.