Help Center

Ethics

Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says

Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.
Court: 

Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation

An action that could violate the FDCPA may not be a violation of the discharge injunction.
Court: 

Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits

Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.

Fourth Circuit Widens the Split on Judicial Estoppel’s Bad Faith Presumption

A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.

Losing Competitive Advantage Doesn’t Justify Redacting a Settlement Agreement

Judge Garrity in New York adopts a narrow view of ‘commercial information’ that may be redacted in a court filing.

A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

Pages