Publications Archive

In April 2014, the Supreme Court adopted various amendments to the Federal Rules of Bankruptcy Procedure, which took effect on December 1, 2014, for all subsequently filed bankruptcy cases and, to the extent “just and practicable,” for all pending cases. As with the other federal rules of procedure and evidence, the Supreme Court has the authority to promulgate general rules for practice and procedure in cases under the Bankruptcy Code pursuant to 28 U.S.C. § 2075.1 Among the comprehensive changes made to Part VIII of the rules governing bankruptcy appeals was the adoption of new Bankruptcy Rule 8008, titled Indicative Rulings.

http://tinyurl.com/mlzmm2b

This article is reprinted with permission from Thomson Reuters. All rights reserved.

"Many aspects of the interplay between the bankruptcy and asset forfeiture systems are unsettled. The federal government's forfeiture powers can profoundly affect the course of a typical bankruptcy case. Yet, these powers serve compelling interests and may alleviate enormous hardship to innocent victims that might otherwise be diluted in a bankruptcy case. When bankruptcy and forfeiture clash, the ideal outcome is a process that coordinates the proceedings from the outset, with the early identification of shared goals, in pursuit of the same end game-the maximum restoration of property to persons harmed."

"The patient care ombudsman(PCO) has been the topic of many articles in this column since § 333 of the Bankruptcy Code was enacted in 2005. Although many thought when § 333 was enacted that PCOs would hire counsel to assist them in the discharge of their duties, many PCOs, The majority of whom are not attorneys, have proceeded without retaining counsel. This article explores whether that practice is permissible and, assuming it is not, whether PCOs have the authority under the Code to retain counsel." Article reprinted with permission of the American Bankruptcy Institute.

Section 105(a) of the Bankruptcy Code permits a court to "issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of [the Bankruptcy Code]." Additionally, it states, "No provision of [the Bankruptcy Code] providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process." This article highlights certain cases involving section 105(a) that were decided in 2005. Article reprinted with the permission of West Group.

This segment of Sky Radio, called "America's Best Lawyers," was heard on American Airlines in April 2006; it features Malhar Pagay discussing the business ramifications of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

This article discusses the amendments to the Bankruptcy Code that make significant changes to the preference statute's ordinary-course-of-business defense.

This article summarizing recent developments under section 105 of the Bankruptcy Code appears in the 2005 edition of the Annual Survey of Bankruptcy Law. Posted with the permission of the copyright holder, Thomson West.

This article focuses on the changes made to the Bankruptcy Code in 2005 that should benefit PEOs — the provisions regarding preferences. It is posted here with permission of the National Association of Professional Employer Associations.

Max Litvak has written a chapter for a new LRP Publication title, Bankruptcy Reform 2005: Expert Analyses Examining and Predicting the Impact on the Commercial Practitioner, which presents 18 bylined articles, each focusing on one section of the law including Chapter 15, small business debtors, the conflict rule, leases, corporate bankruptcy abuse and 13 other areas. Mr. Litvak's article focuses on the new "KERP" amendments made by the Bankruptcy Abuse and Consumer Protection Act of 2005. Condensed version of article also published at 45:11 BCD News & Comment A5 (Oct. 25, 2005).

"In this article, Malhar S. Pagay discusses the essentials of the bankruptcy claims process, how claims are allowed or disallowed, whether it makes sense to file a claim in the circumstances, how to file the Proof of Claim, and how to increase the chances that your client will be able to recover from the bankruptcy estate."

Laura Davis Jones and Debra Grassgreen were contributing editors for this column in the ABI Journal focusing on first-day orders in chapter 11 bankruptcy cases. This article first appeared in the September 2004 issue of the ABI Journal. Reprinted with the permission of the American Bankruptcy Institute.

This article was published in Journal of Bankruptcy Law and Practice by West Group, a Thomson company. The copyrighted article is reproduced on this site with the permission of the copyright holder.