Practice and Procedure

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Court Affirms “Enhanced” 37-Month Sentence for Attorney’s Concealment of Brother’s Money The appeal in United States v. Kowalksi concerned the propriety of a 37-month sentence for an attorney who

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corporate and individual debtors are

Could You Be a Debtor? SDNY Renders Decision in Chapter 15 Proceeding for SVB Cayman Branch By Luke A. Barefoot, Thomas S. Kessler and Ethan Singer 1 The failure of Silicon Valley Bank (SVB), the second-largest bank failure in U.S. history, in March 2023 rocked the

The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.

The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.

A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.

Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that take a different position. Most