Bankruptcy Litigation

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo 1 Constitutional Challenge to Chapter 13 Trustee Compensation Scheme Rejected The salaries of chapter 13 trustees are paid by the trustees’ collection of a percentage fee from every plan payment

An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.

Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Reverse Alter-Ego Claims Are Property of Bankruptcy Estate and Can Be Sold/Settled by Trustee In In re Nordlicht , 1 the Second Circuit Court of Appeals held that claims that business entities are

Has Congress Opted Out of the Bankruptcy Clause? By Zachary A. Phillips More than two years have passed since the U.S. Supreme Court used the Bankruptcy Clause in Siegel v. Fitzgerald to rule that the differing fee systems for chapter 11 cases were unconstitutional

Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.