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Commercial & Bankruptcy Law News All Posts     

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Location, Location, Location: Where to File Bankruptcy
Posted on: Mar 12, 2018

Why file a bankruptcy case here instead of there? An entity, and moreso a group of entities, may be legally permitted to file for bankruptcy in any one of a number of judicial districts – also referred to as venues. A prospective debtor should carefully consider where to file its bankruptcy petition. Courts in different venues do not uniformly interpret all provisions of the Bankruptcy Code and its procedural rules.

Bankruptcy Venue Reform
Posted on: Mar 8, 2018

On January 8, 2018 Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced a bipartisan bankruptcy venue reform bill as S. 2282 entitled the Bankruptcy Venue Reform Act of 2018 to rebalance where commercial Chapter 11 bankruptcy cases are commenced. The proposed law eliminates the place of incorporation in favor of filing where the debtor's principal place of business or principal assets are located. It will also eliminate the affiliate-filing loophole.

CM/ECF System to Upgrade to NextGen Spring 2018
Posted on: Mar 1, 2018

In the months ahead, the court community will be upgrading its Case Management/Electronic Case Filing System (CM/ECF) to the Next Generation of CM/ECF (NextGen). This upgrade will provide users with several benefits including Central Sign-on: the ability for e-filing attorneys to access any NextGen court they practice within using one login and password.

U.S. Bankruptcy Court Notice of Process Changes
Posted on: Feb 2, 2018

The Court has posted a notice of process changes taking effect February 5th, particularly as to use of filing instead of certificate date for calculation of deadlines and quality control for statement of consent.

Bankruptcy Court Settlement Could Bring Relief to Some ITT Students
Posted on: Jan 18, 2018

Thousands of students nationwide who attended the now-defunct ITT Technical Institute would have nearly $600 million in loans canceled under a proposed court settlement, a significant win for consumers in Massachusetts and elsewhere who have long claimed that the for-profit chain defrauded them out of money and an education.

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