» Bankruptcy

bankruptcy rule 2004

What Is Bankruptcy Rule 2004?

If issues arise in a bankruptcy case that necessitate further inquiry, Bankruptcy Rule 2004 of the Federal Rules of Bankruptcy Procedure establishes a specific process for obtaining evidence. The process is referred to as a Rule 2004 examination, in… Read More
Categories: Bankruptcy, Litigation
bankruptcy petition

What Is the Automatic Stay in Bankruptcy?

The automatic stay provisions in the federal Bankruptcy Code provide immediate protection from creditors when a debtor files a petition for bankruptcy under Chapter 7 or Chapter 13. However, the law includes exceptions to the stay, and a creditor can… Read More
Categories: Bankruptcy
negotiation between attorneys

Mediation in Minnesota Bankruptcy Cases

When an adversary proceeding or contested matter occurs in a bankruptcy case, lawyers for the parties sometimes can negotiate a settlement to avoid having the bankruptcy court decide the dispute. If the parties cannot agree, mediation may be an optio… Read More
Categories: Bankruptcy
Lawyer and client

Can You Contest a Settlement Agreement in a Bankruptcy Case?

If a negotiated settlement agreement occurs in bankruptcy litigation, the Rules of Bankruptcy Procedure require the trustee to notify creditors and others of the proposed settlement. The bankruptcy court then holds a hearing and approves or denies th… Read More
Categories: Bankruptcy
U.S. Bankruptcy Court

Creditors’ Rights in a Bankruptcy Case

The United States Bankruptcy Code provides creditors’ rights in a bankruptcy case. Enforcing those rights requires moving expeditiously when a creditor becomes aware of the debtor’s bankruptcy petition. In some circumstances, a creditor may need… Read More
Categories: Bankruptcy
Bankruptcy Court.

Bankruptcy Court Jurisdiction Over Litigation

Bankruptcy court jurisdiction extends beyond litigation arising as adversary proceedings in the bankruptcy case itself. However, there are limits on the extent of that jurisdiction. Questions regarding the jurisdiction of bankruptcy courts often rais… Read More
Categories: Bankruptcy, Litigation
Symbols of law in court library with judge gavel

Bankruptcy Clawback Cases: Financial Institution Safe Harbor Provision

In a 2018 decision, the Supreme Court of the United States settled a difference of opinion among federal circuit courts of appeal about interpretation of § 546(e) in the U.S. Bankruptcy Code. That section includes a safe harbor provision relating to… Read More
Categories: Bankruptcy, Litigation
Bankruptcy law book and gavel

What Is the Difference Between an Adversary Proceeding and a Contested Matter in a Bankruptcy Case?

While most bankruptcy cases proceed smoothly from start to finish, some cases require bankruptcy court proceedings to determine issues relating to the bankruptcy case. Adversary proceedings and contested matters are the two types of bankruptcy litiga… Read More
Categories: Bankruptcy, Litigation
2020 Revision of Bankrupt…

2020 Revision of Bankruptcy Code Section 547 and Creditor Defenses to a Preference Claim

In a bankruptcy case, the trustee has authority to recover payments made to creditors within a specific period preceding the bankruptcy. Trustee claims of this type are called preferences or avoidable preferences. A creditor who receives a preference… Read More
Categories: Bankruptcy, Litigation
Who Can File Adversary Pr…

Who Can File Adversary Proceedings in a Bankruptcy Case?

Bankruptcy is a court-supervised procedure through which the petitioner asks for debt to be alleviated. If all goes well, the bankruptcy court’s discharge order alleviates the debt. The bankruptcy case itself is not litigation. However, bankruptcy… Read More
Categories: Bankruptcy, Litigation