A finding that a particular debt is excepted from a debtor’s discharge is not necessarily the end of the struggles between the debtor and creditor in bankruptcy court.
Sites Committee
Committees
[1]The meeting of creditors is similar to an open-book exam. The test date is known, the questions are not a secret, and in a twist, the test-taker holds the answer key. It is an opportunity to get a perfect score, but every so often debtor and counsel are not fully prepared, and the issues are usually preventable.
On Sept. 29, 2016, the Ninth Circuit Court of Appeals affirmed[1] the district court’s decision upholding the bankruptcy court’s denial of a post-discharge motion for attorneys’ fees. The underlying motion stemmed from pre-petition state court litigation brought by creditor against debtor.
Debtor’s counsel must be a “disinterested person” pursuant to § 327(a) of the Bankruptcy Code for a court to approve its retention or to award debtor’s counsel compensation for its services.[1] As defined in the Bankruptcy Code, a disinterested person means, among other things, a person who is not a creditor of the debtor on the petiti
Recently, in In re Dynamic Drywall,[1] the U.S.
While lawyers and trustees in individual debtor bankruptcy cases are likely familiar with § 363(h) of the Bankruptcy Code, many commercial bankruptcy lawyers often forget its existence.
[1]In yet another example of the lingering impact of the recession on the residential mortgage industry, the U.S. Bankruptcy Court for the District of Hawaii has weighed in on the meaning of a debtor's election to "surrender" his or her residence in a chapter 7 case.
The recent spate of major retail bankruptcy filings — Sports Authority, Radio Shack, Wet Seal, PacSun and Aeropostale, to name a few — have thrust landlords into the middle of unfamiliar and complex chapter 11 restructurings and asset sales.
In 2009, I had a summer intern and together we spent the entire summer compiling an outline summarizing the contents of local rules concerning the use of mediation and other ADR processes in bankruptcy courts throughout the nation (I did some other stuff too like having lunch in the park instead of at my desk). This was long a project on the bucket list of the former ADR Committee of the Ameri
