Supreme Court Corner: Re Wood and Henderson, 210 U.S. 246 (1908)

By M. Jonathan Hayes

Issue: Where the Bankruptcy Code gives “the court” power to re-examine (and avoid) prepetition transactions between the debtor and his attorneys, may the bankruptcy referee do that in a summary proceeding even when the attorneys are outside of the state and not subject to personal jurisdiction in the state?

Holding: Yes.
Justice William R. Day, 6-3
Brewer dissenting, joined by Peckham and Moody

The debtor gave his attorneys $9,775 “in contemplation of the filing of a petition in bankruptcy against him, within four months of the filing thereof, for legal services to be . . .

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Objections to Claims: Two of These Creditors Are Not Like the Others [1]

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By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...

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Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....

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Cathy Moran

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I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...

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Passing of Memphis’ Beloved Judge Kennedy

The Academy

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The Honorable David S. Kennedy, retired Chief U. S. Bankruptcy Judge, Western District of Tennessee, passed away on November 26, 2023.