The Dolphin Park Co.'s Ch. 11 Plan And Its Critics - Law360
The Dolphin Park Co.'s Ch. 11 Plan And Its Critics Law360 Read full article
The Dolphin Park Co.'s Ch. 11 Plan And Its Critics Law360 Read full article
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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
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
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