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Vol 14, Num 4 l November 2016

Technology and Intellectual Property

► In This Issue:

 

Serving the Banks: Federal Rule of Bankruptcy Procedure 7004(h)

ABI

Aaron Brownell
Leon Cosgrove
Coral Gable, Fla.

While the Federal Rules of Bankruptcy Procedure (FRBP) mirror the Federal Rules of Civil Procedure, the two rule sets contain enough significant differences to require a lawyer appearing in bankruptcy court to do a little homework beforehand.

Service of process in both adversary proceedings and contested matters are governed by Bankruptcy Rule 7004, which incorporates, in substantial part, Civil Rule 4. However, Bankruptcy Rule 7004 contains several unique departures from service under Civil Rule 4, including an exclusive method for service of process on an insured depository institution. Bankruptcy Rule 7004(h) states as follows:
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Cities Face a Cash-Flow Problem in Chapter 9

ABI

Matthew D. Doane
Walther, Gay & Mack, PLC
Lexington, Ky.

It has now been almost two years since Bankruptcy Judge Steven W. Rhodes (ret.) confirmed an adjustment plan for the city of Detroit, the largest chapter 9 case ever filed. According to ABI’s statistics, 11 “municipalities” have filed for chapter 9 protection since Jan. 1, 2015.Since the beginning of the financial crisis of 2008, 91 have filed under chapter 9. While there are other factors and events that have caused these municipalities to seek bankruptcy court protection, unsustainable budget deficits, increased labor costs and expenses, and looming pension crises are at the top of the list for municipalities across the U.S. to begin uttering the word “bankruptcy.”
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The Truth Ain’t Going Away: Civil Rule 60(d)(3) and Fraud on the Court in Bankruptcy

ABI

Tara J. Schellhorn
Riker, Danzig, Scherer,
Hyland & Perretti, LLP
Morristown, N.J.

Elvis Presley once said, “Truth is like the sun. You can shut it out for a time but it ain’t going away.” As we all know, the legal system in the U.S. is predicated upon truth — the decisions of the fact-finder are based on the veracity of the evidence presented. In Ehrenberg v. Roussos (In re Roussos), the bankruptcy court examined allegations of fraud on the court in connection with a chapter 7 trustee’s efforts to vacate a two-decade-old § 363 sale order. The facts alleged in Roussos are egregious, but it is an important reminder of the broad powers of the court when fraud or dishonesty are at play.
» Read More

ABI

 

ABI's Winter Leadership Conference is right around the corner! Next week the Young and New Members Commtitee will be teaming up with the Ethics & Professional Compensation Committee to present their session titled "Ethical Issues that Arise when Supervising Attorneys Work with Junior Attorneys and Non-attorney Professionals." The panel for this exciting and practical session includes one of the committee's Co-chairs as Moderator, Jennifer B. Kimble (Prime Clerk; New York), Michelle K. Ostrye (Askew & Mazel LLC; Albuquerque), and Nancy J. Whaley (Standing Chapter 13 Trustee; Atlanta).

If you're planning to attend the conference and have yet to RSVP for the Emerging Leader's Reception to be held on Thursday, at 5 pm, please let us know - we would love to see you there!

Not yet registered for the conference? Its not too late - click here to register.

Survival Guide for New Lawyers

Survival Guide for the New LawyerEver wish you knew the secret to becoming a great lawyer? Wish granted! Survival Guide for the New Lawyer: What They Didn't Teach You in Law Schoo offers real-world guidance to help you navigate the daily pitfalls — social, ethical and legal — inherent in any law firm. Order here.

Winter Leadership Conference

 

24th Annual Southwest Bankruptcy Conference

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