Another case shows the perils of waiting until the final minutes to meet a court deadline. In re U-Haul, 21-bk-20140, 2021 Bankr LEXIS 3373 (Bankr. S.D. W. Va. Dec. 10, 2021).
The debtor is a well-known truck rental...more
At stake in a recent decision by the First Circuit was this: when a bankruptcy matter is before a federal district court based on non-core, “related to” jurisdiction, should the court apply the Federal Rules of Bankruptcy...more
When serving pleadings in an adversary proceeding, you may want to skip the certified option and go with regular first-class mail, or do both.
Federal Rule of Bankruptcy Procedure 7004 governs service of process in...more
When there are large numbers of substantial individual tort claims against a debtor, potentially involving claimants unknowable to the debtor who themselves may not know they have a claim, the bankruptcy process faces special...more
2/25/2020
/ Asbestos ,
Asbestos Trust Claims ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Due Process ,
Federal Rules of Bankruptcy Procedure ,
Fourteenth Amendment ,
Mass Tort Litigation ,
Mergers ,
Proof of Claims ,
Section 363 ,
Subsidiaries
An appeal from a bankruptcy court’s final judgment must be filed within 14 days of when an appealable order is entered on the docket. Parties should not delay past the 14 days even if, for instance, the bankruptcy court must...more
When a debtor files for bankruptcy, the Bankruptcy Code provides for an automatic stay of almost all proceedings to recover property from the debtor. See 11 U.S.C. § 362(a). A party in interest can seek an order exempting...more
1/27/2020
/ Appeals ,
Automatic Stay ,
Bankruptcy Code ,
Bankruptcy Court ,
Creditors ,
Debtors ,
Federal Rules of Bankruptcy Procedure ,
Motion for Relief from Automatic Stay ,
Reaffirmation ,
Right To Appeal ,
Ritzen Group Inc v Jackson Masonry LLC ,
SCOTUS ,
Time-Barred Claims
Judge Martin Glenn last week issued a decision in two related chapter 15 cases, In re Foreign Econ. Indus. Bank Ltd. “Vneshprombank” Ltd., No. 16-13534, and In re Larisa Markus, No. 19-10096, 2019 Bankr. LEXIS 3203 (Bankr....more
10/16/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 15 ,
Commercial Bankruptcy ,
Cross-Border ,
Federal Rules of Bankruptcy Procedure ,
Federal Rules of Civil Procedure ,
Foreign Jurisdictions ,
Foreign Subsidiaries ,
Jurisdiction ,
Motion to Vacate ,
Public Policy
Consider these facts. A debtor in bankruptcy sued two parties for breach of contract. The debtor assigned its rights and interests in the cause of action to another entity. The defendants moved to dismiss the lawsuit, arguing...more
9/11/2019
/ Appeals ,
Bankruptcy Court ,
Breach of Contract ,
Debtors ,
Federal Rules of Bankruptcy Procedure ,
Federal Rules of Civil Procedure ,
Filing Requirements ,
Jurisdiction ,
Motion to Dismiss ,
Personal Jurisdiction ,
Remand ,
Subject Matter Jurisdiction ,
Vacated
New York Bankruptcy Judge Sean Lean recently denied a Rule 2004 request because the movant sought documents for use in an unrelated litigation. In re Cambridge Analytica LLC, No. 18-11500, 2019 Bankr. LEXIS 1824 (Bankr....more
In Dahlin v. Lyondell Chemical Co., 2018 U.S. App. LEXIS 1956 (8th Cir. Jan. 26, 2018), the Eighth Circuit Court of Appeals rejected an argument that bankruptcy debtors were required by due process to provide more prominent...more
2/2/2018
/ Appeals ,
Books & Records ,
Chapter 11 ,
Creditors ,
Debt ,
Debtors ,
Dischargeable Debts ,
Due Process ,
Federal Rules of Bankruptcy Procedure ,
Foreseeability ,
Notice Requirements ,
Summary Judgment