News

Private equity behind 60% of manufacturing bankruptcies in Q3    Private Equity Stakeholder Project PESP Read full article

LIV and let die: Rival league tells bankruptcy court it will wind down operations    couriernews.com Read full article

Camp Mystic owners lose control of key bankruptcy decisions after deadly Hill Country floods    KSAT Read full article

Outback Steakhouse franchisee files for bankruptcy after closures    USA Today Read full article

‘Breaking Bad’ Alum Dean Norris’ Wife Bridget Files for Divorce After 25 Years Amid Bankruptcy Case    Us Weekly Read full article

Bankruptcy court fails to save West Palm Beach hotel from foreclosure    The Business Journals Read full article

"Breaking Bad" Star Dean Norris Is Getting Divorced, His $6 Million Restaurant Is Bankrupt, And His $3.2 Million Mansion Is For Sale    Celebrity Net Worth Read full article

Arkansas Leads Nation in Farm Bankruptcies as Financial Pressure Mounts    RFD-TV Read full article

What caused the end of LIV Golf – and what happens next?    The Independent Read full article

Rashee Rice files for bankruptcy amid $1M+ settlement agreement with Dallas crash victims    WFAA Read full article

It is not very hard to plead cases under the Federal Rules of Civil Procedure. However, some rules are honored more in the breach. Take Fed.R.Civ.P. 8(a)(2) which requires a "short and plain statement of the claim." A short and plain statement makes it easier to draft a responsive answer without Read full article

Ever since Stern v. Marshall , bankruptcy lawyers are frequently asked to consent to entry of final orders by the Bankruptcy Court. I routinely agree to consent because the Bankruptcy Court is a familiar forum and the judges are a known quantity. Occasionally I will say no for strategic reasons. Read full article

 A recent Fifth Circuit opinion brought back memories of a case I was involved with as a young lawyer. The lesson to be learned is that debtors are required to appear for a hearing on a complaint objecting to discharge regardless of whether they have been subpoenaed. Fed.R.Bankr.P. 4002(a)(2) Read full article

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A motion to lift the automatic stay to allow a tort claimant to proceed against the debtor's insurance coverage is one of the simpler pleadings to file in bankruptcy. Because insurance involves a third party's obligation to defend a suit or pay claims, property of the estate is not implicated. Read full article

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 The Fifth Circuit has long applied judicial estoppel aggressively when a debtor fails to list a cause of action. It once held (in a panel opinion overruled by the en banc court) that a trustee was bound by a debtor's failure to disclose assets. Reed v. City of Arlington , 620 F.3d 477 (5th Cir. Read full article

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