Practice and Procedure

Practice and Procedure Jan 11, 2017

Market Rate of Interest - Now What

Some have described the term "Market Rate of Interest" as being similar to pornography: You can't define it, but you know it when you see it. The courts have been struggling with the application of market rate of interest to undersecured claims since the Sixth Circuit

Automatic Termination of the Stay upon Second Filing under 362(c)(3) Are Two Strikes an Out

Three strikes and yer out!" 1 That quintessential American idiom is now codified in the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Should a debtor file a third petition for relief after two

Memo to Congress Fix Needed on New Best Interest Test in 1325(b)

The last time I wrote a column was shortly after the birth of my son. Since then, I’ve been delightfully occupied with the all-important task of raising Harrison, who I am happy to report is a bright, handsome and happy little guy (don’t worry, I won’t inflict pictures

Practice and Procedure Jan 11, 2017

You've Got Mail: Is E-mail Noticing Too Much of a Good Thing?

Case Management/Electronic Case Filing (CM/ECF) implementation in the bankruptcy courts has been underway since early 2001. Currently, approximately 61 courts are operational, with more scheduled to become activated each month. With the advent of CM/ECF come some