The Federal Rules of Bankruptcy Procedure (“FRBP”) are the rules promulgated by the U.S. Supreme Court under the Rules Enabling Act, directing procedures in the U.S. Bankruptcy Courts. They are the bankruptcy law counterpart to the Federal Rules of Civil…

Gambling wins/losses sometimes provide for entertaining reading when combined with the Bankruptcy Code. Recently, the Kansas Bankruptcy Court considered a Small Business Reorganization Act/Subchapter V Debtor’s use of funds to gamble during the pendency of a Subchapter V case.[1]…

In the case of In re Vertical Mac Construction, LLC, No. 21-1520 (Bankr. M.D. Fla. July 23, 2021), Vertical Mac Construction, LLC (“Debtor”) ceased operating its business after several lawsuits were filed against it for shoddy construction. The Debtor’s insurance…

The Small Business Reorganization Act/Subchapter V of Chapter 11 of the Bankruptcy Code (“SBRA”) defines a qualified debtor as being, in part, “engaged in commercial or business activities.” Just how “engaged” continued to be disputed. According to Judge Christopher M.…

Many lenders are thinking about the new Fair Debt Collection Practices Act (“FDCPA”), currently scheduled to take effect November 30, 2021, and wondering how to implement it. One component of the new FDCPA is the “Safe Harbor for Limited Content…

The case In re Dura Auto. Sys., LLC, No. 19-12378 (KBO), 2021 WL 2456944 (Bankr. D. Del. June 16,2021), is a cautionary tale and reminder that creditors dealing with debtors in bankruptcy should ensure that any purported assumption or assignment…

Mall owner Washington Prime Group Inc., whose portfolio of properties includes the Southern Hills Mall in Sioux City, IA, as well as Empire East in Sioux Falls, SD has filed Chapter 11 Bankruptcy Protection in the United States Bankruptcy Court…