Losing a Motion to Reopen a Case Can Be a Victory for the Debtor (Sometimes)
An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.
Sometimes, a Settlement with No Admission of Liability Can Be Nondischargeable
To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.
Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?
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.
Unlike the Eleventh Circuit, Barton Is Alive and Well in the Fifth Circuit
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.
A Former Marijuana Business Isn’t Grounds for Dismissal, Los Angeles Judge Says
Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.
Inside ABI February 2023
What’s Happening at ABI Duberstein Problem Released and Call for Judges Fifty-three teams of law students from around the nation will compete in the 31st Annual Duberstein Bankruptcy Moot Court Competition, taking place in New York March 4-6. This year’s problem, which
Legislative Highlights February 2023
Legislative Highlights Biden Administration Unveils Plans to Ease Rules for Income-Based Student Loan Forgiveness The Biden administration on Jan. 10 released 1 a detailed plan that aims to make it easier for student loan holders to wipe out their debts using income