Bankruptcy Rules

11th Circuit: District Court Must Use Federal Rules of Bankruptcy Procedure, Not Civil Procedure, When Trying Case “Arising Under” Title 11.

04/11/16

BR RulesIn a published opinion entered on April 8, 2016, the Eleventh Circuit Court of Appeals held that District Courts are obliged to use and apply the Federal Rules of Bankruptcy Procedure rather than the Federal Rules o

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Texas Bankruptcy Court: Mortgage Proof of Claim Must Include Loan History

08/16/12

In re Armistead Local Bankruptcy Court Mortgage Form Must Be Used An opinion by U.S. Bankruptcy Judge Marvin Isgur from the Southern District of Texas, Houston Division bankruptcy court, indicates that mortgage companies and banks must follow our local bankruptcy court’s rules, including a requirement that they attach a detailed mortgage account history to their Proofs of Claim.

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Rule 2004 Examinations in Bankruptcy

09/29/10

A Rule 2004 Examination is an examination of the debtor, separate and distinct from the 341 meeting of creditors’ examination. It all begins with a Motion from a party in interest and the Court’s granting of the examination. A subpoena is served compelling the attendance of the debtor along with certain documentation is many cases.

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