Filing Suit in Bankruptcy Court, the Debtor Lost a Seventh Amendment Right to a Jury
Does filing bankruptcy by itself waive a debtor’s right to a jury trial when suing a creditor?
Debtor’s Voluntary Dismissal of a Chapter 13 Case Won’t Evade Sanctions for Misconduct
Voluntary dismissal of a chapter 13 case isn’t automatic. A motion and a hearing are required.
Inside ABI March 2026
President’s Column I’m not a big fan of cliches, but “time flies when you’re having fun” is ringing in my ears as I write what will be my penultimate President’s Column and wondering how the months have passed so quickly since I took the gavel from Christopher A. Ward
Section 305 Is Grounds for a Debtor to Dismiss a Voluntary Chapter 7 Case
If the chapter 7 debtor has paid the filing fee and is current on filings, Section 707(a) isn’t grounds for voluntary dismissal.
$1.6 Million Fee Disgorgement Upheld for Failure to Disclose Fee-Sharing
The bankruptcy judge had authority to sanction a lawyer for all misconduct in the district, not just in the cases before that judge.
In ‘13,’ a Motion to Dismiss Must Precede Entry of a Conversion Motion, Circuit Says
The Sixth Circuit majority and dissent have an intriguing debate over appellate jurisdiction.
When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief
When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief By Hon. Selene D. Maddox and Jace Ferraez 1 In bankruptcy practice, “emergency” is a term of art, not a label of convenience. Practitioners frequently invoke it, sometimes reflexively, to
Two BAPs Now Uphold Sanctions Alongside Voluntary Dismissals Under Section 1307(b)
The Tenth Circuit BAP holds that dismissal is not automatic and immediate when a chapter 13 debtor moves to dismiss voluntarily under Section 1307(b).
Collecting a Sanction May Be Enforced by Contempt Rather than Writ of Execution
A district court in New York affirmed Bankruptcy Judge Paek by holding that collection of a sanction for a stay violation doesn’t require a writ of execution under Federal Rule 69(a).
No Pleading Around the ‘Due Diligence’ Requirement for a Preference Complaint
Delaware’s Bankruptcy Judge Horan gives examples of preference complaints that adequately plead performance of due diligence.