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Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c)

The Clerk of the Court (“Clerk”) is the “official custodian of the records and dockets of the bankruptcy court,” and when it appears that there will be a distribution to unsecured creditors in a bankruptcy case, the Clerk...more

Court Pulls Carpet Out from Under Trustee’s Preference Claim

The Eleventh Circuit sided with the Third Circuit in finding that a creditor’s administrative claim under 11 U.S.C. § 503(b)(9) does not offset its new value defense pursuant to 11 U.S.C. § 547(c)(4). Auriga Polymers Inc. v....more

The United States Trustee Program’s New Chapter 11 Periodic Reports (Effective June 21, 2021)

On December 21, 2020, the United States Trustee Program (USTP) published a final rule in the Federal Register, entitled the “Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter...more

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