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Chapter 7 Federal Rules of Civil Procedure

Dorsey & Whitney LLP

Why Avoidance Actions Are Difficult to Dismiss by a Rule 12(b)(6) Motion

Dorsey & Whitney LLP on

Traditional avoidance actions under the Bankruptcy Code, i.e., preferences and fraudulent transfers, have laudable goals: (a) to provide equal treatment to creditors of an insolvent company and (b) to claw back otherwise...more

Jones Day

Bankruptcy Court Denies Creditor's Improper Discovery Request

Jones Day on

The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition."...more

Dorsey & Whitney LLP

The Supreme Court - June 4, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued five decisions today: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, No. 16-111: In 2012, a same-sex couple filed a complaint with the Colorado Civil Rights...more

Tucker Arensberg, P.C.

How Long Is Too Long To Reopen A Bankruptcy Case?

Tucker Arensberg, P.C. on

In a per curiam opinion that is not precedential but of interest to lenders who take mortgages as security, the Court of Appeals for the Third Circuit decided that the Debtor’s effort to reopen her bankruptcy case was too...more

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