It Wasn’t a Good Idea for 3M Corp. to Call Its Multidistrict Litigation a ‘Failure’
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
Current IRS Expense Standards Used When Modifying a Chapter 13 Plan
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
A Tax Refund from Withheld Social Security Benefits Does Not Lose the Exemption
With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.
Courts Split on Committee Intervention as of Right in Adversary Proceedings
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
Eleventh Circuit Again Predicted to Split with the Second Circuit on Foreign Recognition
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
Disregarding Scheduling Orders Can Waive Jury Trials and Objections to Final Orders
Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.
Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
Limits Placed on Rule 2004 Discovery After Chapter 11 Plan Confirmation
Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’
Judge Isicoff Explains Why a Foreclosure Sale Can’t Be a Preference
The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.