‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim
Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?
Entire Garnishment Is a Preference, Even What the Creditor’s Lawyer Keeps
The appeals court sticks to basics and rejects several clever arguments to beat a preference.
Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors
A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.
The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’
The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).
Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?