News

A death penalty? CMS freeze of Tapestry’s Medicare pay forces bankruptcy    McKnight's Long-Term Care News Read full article

The Children’s Place Stores Could Soon Go Dark, but Parents Still Have Time to Get Deals on Kids’ Shoes    WWD Read full article

Children's Place files for Chapter 11 bankruptc...    Pluang Read full article

Supreme Court Takes Goldman Sachs Case With Credit Union Implications    CUTimes Read full article

Children’s Place files for bankruptcy protection, seeks buyer    CNBC Read full article

This Fast-Growing Pickleball Chain's Parent Company Just Filed For Bankruptcy    https://www.moneydigest.com/ Read full article

Historic Atlanta cemetery files for bankruptcy after allegations of misplaced bodies    The Business Journals Read full article

Saving the Business but Risking Shares: The Supreme Court Explained Whether Founders Can Be Squeezed Out for a New Investor    Судово-юридична газета Read full article

True Food Kitchen Auction Cleared With Creditor Safeguards    Law360 Read full article

Wichita rental property owner files for Chapter 7 bankruptcy    The Business Journals 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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