Displaying Journal Articles with Column Benchnotes

Debtor Not Estopped from Pursuing Inadvertently Unscheduled Claim In Best v. Kroger Co., 339 B.R. 180 (W.D. Tenn. 2006), a former chapter 13 debtor failed to schedule a pre-petition Title VII claim for sexual harassment and constructive dis…

In In re Jones, 327 B.R. 297 (Bankr. S.D. Tex. 2005), Bankruptcy Judge Jeff Bohm addressed a motion by the chapter 7 trustee to deny the debtor's discharge based on a failure to keep and preserve financial records. The chapter 7 trustee had…

Defendant Knowledge No Substitute for Service of Complaint Rule 4(m) of the Federal Rules of Civil Procedure requires dismissal without prejudice or service by a date specific unless a summons and complaint is served within 120 days of the …

Withdrawal of Reference Not Required after Jury Trial Refusal In In Growe Ex Rel Great Northern Paper v. Bilodard, 325 B.R. 490 (D. Maine 2005), a defendant in an adversary proceeding filed by a chapter 7 trustee seeking recovery of a prefe…