Practice and Procedure

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly profitable but litigation

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.

When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy By Steven J. Boyajian and Andrew A. DePeau The Equal Access to Justice Act (EAJA) provides litigants with the right to recover attorneys’ fees and costs after prevailing on claims

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d) By Hon. Elizabeth L. Gunn and Don F. Mago The appearance and disappearance just over two years later of § 1329(d) of the Bankruptcy