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Federal Rules of Bankruptcy Procedure Federal Rules of Civil Procedure

Bracewell LLP

Time Has Come for Special Masters to Streamline Bankruptcy Cases

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Since the first Johnson & Johnson talc bankruptcy was filed in 2021, Judge Michael Kaplan has faced countless disagreements in the US Bankruptcy Court. These range from discovery fights, disputes over administration of tens...more

Nelson Mullins Riley & Scarborough LLP

Bankruptcy Litigation Practice Tip: The Pending Proceeding Rule

Most bankruptcy practitioners are familiar with the intentionally broad scope of discovery under Bankruptcy Rule 2004. However, there are limits to this discovery and the “pending proceeding” rule can be a useful tool to...more

Fox Rothschild LLP

Bankruptcy Rules of Procedure Apply When a District Court is Hearing a “Related To” Proceeding

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The First Circuit was required to decide whether the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) or the Federal Rules of Civil Procedure (the “Civil Rules”) govern a case that comes within the federal...more

Cooley LLP

Blog: Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2020

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Each year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges,...more

Patterson Belknap Webb & Tyler LLP

A Bankruptcy Code Chapter 15 Primer: Decision in New York Addresses Key Issues of Jurisdiction, Recognition, Public Policy, and...

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

Jones Day

Bankruptcy Court Denies Creditor's Improper Discovery Request

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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

Patterson Belknap Webb & Tyler LLP

Bankruptcy Jurisdiction: The Time-of-Filing Rule Applies to “Related-To” Jurisdiction

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

Patterson Belknap Webb & Tyler LLP

SDNY Rejects Examination Request by a Claim Purchaser to Obtain Evidence for a Separate Litigation

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

Pillsbury Winthrop Shaw Pittman LLP

Wage Wars: Employee Class Actions and the Bankruptcy Proof of Claim Process

Rule 23 gains a toehold in certain bankruptcy proceedings. Generally impermissible until 1987, class action proofs of claim have increasingly been used by class creditors to their advantage. ...more

Fox Rothschild LLP

Reminder: Bankruptcy Court Discovery Disputes Are Subject To FRCP

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On May 29, the United State Bankruptcy Court for the Northern District of Illinois ruled on several discovery motions between disputed owners of an unsecured claim in a bankruptcy action. ...more

Butler Snow LLP

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

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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

BCLP

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

BCLP 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

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