News & Analysis as of

Federal Rules of Bankruptcy Procedure

Eighth Circuit rejects foreseeability test for notice to unknown creditors

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

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

by DLA Piper on

Certain amendments to the Federal Rules of Bankruptcy Procedure, which became effective on December 1, 2017, impose affirmative obligations on secured creditors to protect the right to distribution in a bankruptcy case....more

New Bankruptcy Rules that Creditors Need to Know and Follow

by Ward and Smith, P.A. on

On December 1, 2017, several changes to the Federal Rules of Bankruptcy Procedure took effect. The changes involve consumer cases under Chapter 13 and affect creditors with secured claims, unsecured claims, and judgment liens...more

Bankruptcy Rule Amendments Now in Effect

by Barley Snyder on

Bankruptcy professionals, be ready. There are now some major changes in the bankruptcy filing process, and noncompliance could cause you to lose in court....more

Creditors Beware: Inbound Bankruptcy Rule Changes Require Heightened Awareness

On December 1, 2017, several important changes to the Federal Rules of Bankruptcy Procedure will be implemented. Those changes will impact creditors who have secured claims, judgment liens, and unsecured claims against...more

Amendments to the Federal Rules of Bankruptcy Procedure Effective on December 1, 2017

by Reed Smith on

Amendments to the Federal Rules of Bankruptcy Procedure become effective December 1, 2017. We highlight those amendments below, separating the discussion into amendments that impact both business and consumer bankruptcy...more

Changes to Bankruptcy Rules Effective December 1

by Stoel Rives LLP on

I. BANKRUPTCY CLAIMS DEADLINE SHORTENED - A number of amendments to the Federal Rules of Bankruptcy Procedure go into effect on December 1, 2017. One amendment shortens the deadline for filing a proof of claim in voluntary...more

The Effects of a Creditor’s Non-Participation in Bankruptcy Proceedings

Although not required for the res judicata analysis, the court also found that Montanaro received constitutionally sufficient notice of the debtor’s bankruptcy, the plan, and confirmation order to be bound by the plan’s...more

June 2017: Courts May Not Depart from the Bankruptcy Priority Rule in Chapter 11 Structured Dismissals

For more than a century, a cornerstone of federal bankruptcy law has been the absolute priority rule, which ensures that a debtor estate’s assets are distributed to senior and special classes of creditors over junior...more

New Bankruptcy Rules to Take Effect December 1, 2017

After several years of drafting, debate, compromise and fine tuning, it appears that major changes to the administration of consumer bankruptcy cases are imminent. On April 27, 2017, Chief Justice John Roberts submitted to...more

December 1, 2016 Revisions to the FRBPs: Taking the Bite Out of the Core-Noncore Distinction

On December 1, 2016, something extraordinary happened. No, it was not president-elect Trump visiting another Carrier air conditioning factory in Indianapolis. It was an event that made no headlines and caused no stir. The...more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

by Butler Snow LLP on

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

Blog: Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2016

by Cooley LLP on

Just about every year changes are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The revisions address issues identified by an Advisory Committee made up of federal...more

SDNY Bankruptcy Rules Are About to Change: What You Need to Know About the @USBCSDNY Proposed Amendments

by Robins Kaplan LLP on

Last month, the United States Bankruptcy Court for the Southern District of New York proposed amendments to its local rules. Although the amendments are not sweeping, they include some very important updates and tweaks to...more

The End of the Road for Pro Se Neurontin Plaintiff with No Evidence of Causation

by Reed Smith on

This past weekend, we paid a return visit to Cleveland, the home of our best law school friend, who braved the (figurative) waters of New Haven with us so many years ago. In deference to the Drug and Device Law Traveling...more

Stern Amendments to Bankruptcy Rules

by Bryan Cave on

While it has taken five years of committee and court efforts, the “Stern Amendments” to the Federal Rules of Bankruptcy Procedure will become effective December 1, 2016. These amendments will streamline litigant and court...more

Tick Tock: Proofs of Claim, the FDCPA and Stale Debt Clock

by McNair Law Firm, P.A. on

On August 25, 2016, the Fourth Circuit Court of Appeals issued its opinion in Dubois v. Atlas Acquisitions LLC, (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016) and joined a majority of other circuits holding that the...more

Failure to Observe Bankruptcy Rule Deadline in An Adversary Proceeding Tried in District Court Costs Defendants Opportunity to...

by Bryan Cave on

A recent case from the 11th Circuit illustrates the procedural perils of litigation arising from a bankruptcy case but ultimately tried in the district court. In Rosenberg v. DVI Receivables XIV, LLC, the defendants lost...more

Blog: Major Overhaul Of Federal Bankruptcy Forms, Plus An Accompanying Rule Amendment, To Take Effect December 2015

by Cooley LLP on

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of...more

Third Circuit Finds Settlement Agreement to be Plan Modification

In SCH Corp. et al. v. CFI Class Action Claimants (In re SCH Corp.), the Third Circuit Court of Appeals held that a settlement agreement that constituted a plan modification request must be examined under 11 U.S.C. §1127 as...more

The New Delaware Bankruptcy Local Rules Are Here!

by Morris James LLP on

The 2015 edition of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware are now live on the Delaware Bankruptcy Court’s website. The new local rules became...more

Blog: Amendments To The Federal Rules Of Bankruptcy Procedure, Including One Shortening The Time For Serving A Summons, Take...

by Cooley LLP on

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of...more

7th Circuit Provides (No) Clarity on Compulsory Counterclaims

by Foley & Lardner LLP on

Federal procedure requires a defendant to plead all counterclaims that arise out of the same transaction or occurrence as the plaintiff’s claim, or his claim may be barred in a later suit. Fed. R. Civ. P. 13(a). Although the...more

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