How to Present an Effective Summary Judgment Motion

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida
(Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020)

Summary Judgment Applies In Contested Matters

Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the deadline for filing motions for summary judgment. In addition, Bankruptcy Rule 9014 makes Bankruptcy Rule 7056 applicable in contested matters. This means that parties may seek summary judgment on nearly any matter filed by way . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Consumers Are Consuming Cash at an Unsustainable Rate

Kevin R. Anderson

June 26, 2022

Consumers have burned through their stimulus cash and are now drawing down their savings to satisfy pent up spending sprees and to cover the increasing cost of living. This cannot continue. From 2015 through the end of 2019, consumers held a consistent average of $1.1 trillion in savings. However, with the commencement of the COVID pandemic and the first of...

Members

Chris Hawkins Appointed Judge

The Academy

March 20, 2022

Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...

Barking Up the Wrong Tree: A Canine Conundrum

Robert G. Drummond

May 5, 2024

“ . . . creditor couldn’t fetch a break. . . . Court first found that the state court judgment was void because it was entered after the discharge order. . . . also found the creditor in contempt of the discharge injunction.”

Members

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

February 9, 2020

By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay? The case of Brown v. Penn State Employees Credit Union, 851 F.2d 81 (3rd Cir. 1988) held that a credit union’s refusal to continue to do business with a debtor who caused a loss...

Members

Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

Henry E. Hildebrand, III

February 4, 2022

Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his...

Members

The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.

Lawrence R. Ahern, III

October 2, 2022

Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit recently cut an attorney's fee by half, where the services were not successful. The panel held that the results obtained (or, actually, the lack of results) justified the dramatic reduction of the fees of attorneys for a Chapter 7 trustee. In Part 1, we looked at . . . It...

Members

A Salute to the Consumer Litigation Five Star General

Keith D. Slocum

April 2, 2023

Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part II: Thomas v. Midland Funding, LLC

February 7, 2021

By Mark C. Leffler, Boleman Law Firm, PC, Richmond, Hampton, and Va. Beach, Virginia In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15...

Members

Unjust Enrichment: Where Are We Headed?

Cathy Moran

March 2, 2025

A recent decision from a Hawaii bankruptcy court, inched closer to a slippery slope on the hill of nondischargeabilty, expanding the Supreme Court's Bartenwerfer decision. See also: Unjust Enrichment from Spouse’s Defalcation Leads to a Nondischargeable Debt By Leee Miyahira, Extern, Office of Nima Ghazvini (Honolulu, HI)

Members

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Lawrence R. Ahern, III

February 27, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...

Members

How to Present an Effective Summary Judgment Motion

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Consumers Are Consuming Cash at an Unsustainable Rate

Chris Hawkins Appointed Judge

Barking Up the Wrong Tree: A Canine Conundrum

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.

A Salute to the Consumer Litigation Five Star General

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part II: Thomas v. Midland Funding, LLC

Unjust Enrichment: Where Are We Headed?

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: