Practice and Procedure

Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split

Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.

Lenders Admonished to Demand Nothing More in Plans than the Law Allows

Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.
9th Circuit Arizona Mar 15, 2019

Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims

Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
7th Circuit Apr 1, 2019

Filing Tag-Team Bankruptcies Resulted in Suspension from Practice

Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.
D.C. Circuit Mar 12, 2019

Courts Divided on Venue for Small-Dollar Avoidance Actions

Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.
9th Circuit Mar 25, 2019

Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints

Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.