Camp Mystic’s Eastland family transfers control of Chapter 11 bankruptcy case - kens5.com
Camp Mystic’s Eastland family transfers control of Chapter 11 bankruptcy case kens5.com Read full article
Camp Mystic’s Eastland family transfers control of Chapter 11 bankruptcy case kens5.com 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