Bankruptcy Litigation

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

If the chapter 7 debtor has paid the filing fee and is current on filings, Section 707(a) isn’t grounds for voluntary dismissal.

The bankruptcy judge had authority to sanction a lawyer for all misconduct in the district, not just in the cases before that judge.

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 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

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).

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).

Delaware’s Bankruptcy Judge Horan gives examples of preference complaints that adequately plead performance of due diligence.

When a trustee doesn’t file a notice with the adjourned date of a creditors’ meeting, equitable considerations govern when or whether the time expired for objecting to exemptions.

President’s Column One of the questions that I’m always happy to hear, and one of the questions that makes me the happiest to answer, is this: “How do I get more involved with ABI?” I’ve put together a nonexclusive list of suggestions in this month’s column. Member