Effective December 1, 2014, Federal Rule of Bankruptcy Procedure 7004(e) was amended to require service of a summons in an adversary proceeding within seven days of its issuance. This cuts in half the previously allowed 14-day time period. Defendants still have 30 days from issuance of the summons to respond to the complaint. Prior to the change, defendants often had less… Continue reading FRBP 7004(e) Amended to Require Service of a Summons Within Seven Days of Issuance
When our firm filed the first Catholic diocese bankruptcy case in 2004, the debtor provided notice of the claim process to holders of potential future claims by publishing advertisements in various newspapers around the country. For decades, bankruptcy debtors and other parties facing potential future tort claim liability have relied primarily on newspapers to provide “publication” notice to claimants… Continue reading Newspaper Notice to Unknown Creditors: Still the Only Process that is Due
Effective October 16, 2014, the filing deadline with the United States District Court for the District of Delaware is 6:00 p.m. prevailing Eastern Time. See http://www.ded.uscourts.gov/sites/default/files/general-orders/Electronic-Case-Filing-Procedure-10-2-14.pdf. The deadline applies to every filing and service deadline, other than initial pleadings. The new rule also applies to exchanges of discovery requests and discovery responses, even if hand-delivered.… Continue reading Delaware District Court Sets 6:00 p.m. Filing Deadline
The Ninth Circuit has for many years ascribed to the view that an informal proof of claim, although not filed with the court, will suffice as long as the informal proof of claim was “brought to the attention of the court” prior to the bar date. This liberal approach has resulted in letters to the… Continue reading So You Missed the Claims Bar Date? – All May Not be Lost
The appropriateness of unbundling bankruptcy services to individual debtors has recently raised its head again in a case decided by the Ninth Circuit Bankruptcy Appellate Panel, DeLuca v. Seare (In re Seare), BAP No. NV-13-1196-KiTaJu. The case involved an attorney who agreed to represent a debtor in a Chapter 7 case for a flat fee,… Continue reading To Bundle or Unbundle: That is the Question.
In 2012, the Ninth Circuit Court of Appeals ruled in Exec. Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency, Inc.), 702 F.3d 553 (9th Cir 2012), that the parties’ consent gives the Bankruptcy Court jurisdiction to enter final judgments regarding “Stern” claims – i.e., claims labeled “core” under 28 USC § 157, but… Continue reading Ninth Circuit Reaffirms its Holding in In re Bellingham that the Parties May Consent to the Bankruptcy Court’s Jurisdiction over “Stern” Claims
In an article written by Andy Kiersz and Elena Holodny titled “Here’s How All 50 State Economies Are Doing, Ranked From Slowest To Fastest” published on August 4, 2014 in the Business Insider, Washington was ranked 7th, Oregon 11th, and Idaho 17th. Read more at: http://www.businessinsider.com/state-economic-growth-rankings-2014-8