By Michael L. Temin and Martha B. Chovanes

A Swiss verein is a formal legal structure recognized under Swiss law, akin to a voluntary association under U.S. law.  Several U.S.
Continue Reading Standard Conflict Waivers May Not Be Sufficient In A Swiss Verein Structure

The City of Chicago impounded vehicles for nonpayment of fines.  When the owners filed chapter 13 cases and requested that the city return their vehicles, the city refused. The bankruptcy…
Continue Reading City of Chicago v. Fulton Applied to Prepetition Garnishment

The United States Supreme Court ruled that 11 U.S.C. § 330(a)(1) does not authorize compensation to debtors’ attorneys from estate funds.  Lamie v. U.S. Trustee, 540 U.S. 1023 (2004).  A…
Continue Reading Bifurcated Fee Agreements Approved in Southern District of Florida, But Barred in Western District of Kentucky

Section 11 of Official Bankruptcy Form 105, Involuntary Petition Against an Individual, provides:

Allegation

Each petitioner is eligible to file this petition under 11 U.S.C. § 303(b).

The debtor may

…
Continue Reading COMPLIANCE WITH OFFICIAL BANKRUPTCY FORM 105 SATISFIES ASHCROFT V. IQBAL

A Delaware bankruptcy court recently held that the bar date for filing proofs of claim cannot be enforced against a creditor if the notice of the bar date was not…
Continue Reading You Have to Follow the Rules: The Importance of Adhering to Bankruptcy Rule 2002 When Serving Claims Bar Date Notices

The First Circuit was required to decide whether the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) or the Federal Rules of Civil Procedure (the “Civil Rules”) govern  a case…
Continue Reading Bankruptcy Rules of Procedure Apply When a District Court is Hearing a “Related To” Proceeding

Coauthored by Martha B. Chovanes

Introduction

The relationship for  which counsel for a committee could be disqualified was addressed in the recent case of Bingham Greenbaum Doll, LLP v. Glenview…
Continue Reading DISQUALIFICATION OF ATTORNEY FOR CREDITOR COMMITTEE VACATED