Are You Correctly Classifying Workers as Independent Contractors?

By Andrew Iwata, Tran Law Firm LLP, Houston, TX

It is very important for a company to know whether its workers are employees or independent contractors. It is also important for the worker to know which classification properly applies to her. Most statutory protections for workers – such as the wage and hour provisions of the Fair Labor Standards Act, or the anti-discrimination rules in Title VII of the Civil Rights Act, only apply to employees, and do not apply to independent contractors. Broadly speaking . . .

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Musings from a Hapless BAP Law Clerk: Part 2 – Finding the Right Case to Appeal: Finality and Standing

M. Jonathan Hayes

June 22, 2025

This week, Attorney Hayes brings readers an excellent outline on finality and standing. “. . . . final order is a strange animal in the bankruptcy world.”

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Clock Starts When the Order is Entered

Henry E. Hildebrand, III

May 17, 2026

Motion to voluntarily dismiss a Chapter 13 case is not automatic and only takes effect with entry of a court order; the 180-day bar to filing following a voluntary dismissal after a motion for relief from stay starts only when the case is actually dismissed.

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Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Henry E. Hildebrand, III

January 7, 2024

Court lacks authority to extend stay in a case with a one-time repeat filer within a year of the previous case especially where the matter is tardily raised.

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Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions Part IV

March 24, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV: What's an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question Click here for Part I Click here for Part II

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FROM THE ARCHIVES: If You’re Gonna Bet the Farm, Maybe Play Against the House

Danielle N. Gueck-Townsend

December 3, 2023

Attorney Gueck-Townsend provides readers with a primer on evidence needed to prove losses.

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Critical Case Comment

July 7, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Where a confirmation order of a debtor’s Chapter 12 plan specifically provided for payments to a creditor and the Chapter 12 trustee had supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the...

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Passing of Retired Ohio Judge

The Academy

August 20, 2023

Passing of Retired Ohio Judge Judge Baxter was appointed United States Bankruptcy Judge for the Northern District of Ohio on December 16, 1985, and served in the Court’s Cleveland, Ohio location until his retirement in 2011. He served as Chief Judge between 2004 and 2008. Click here for obituary.

Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V

November 17, 2019

This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small Business Reorganization Act of 2019 (SBRA),2 appears in its entirety in Appendix B to this series and was summarized in Part I,3 along with the other bills signed on the same day. SBRA deals on its face with a non-consumer topic, but as we have seen, it will be of interest to Chapter 12 and 13 trustees, who may be asked to serve as small business Chapter 11 trustees.

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