Below you'll find a list of all posts that have been categorized as “Blog”
Introduction Often companies that contract with parties in various states are faced with litigation across various forums. Being sued in federal and state courts across the United States can be expensive, time consuming and disruptive. To help minimize this problem, businesses sometimes include in their contracts forum-selection clauses, which mandate that any litigation or arbitration be brought in a specific …
Almost a year has passed since the Supreme Court issued its landmark decision in Stern v. Marshall.[1] And courts and commentators are all over the map about the limits that Stern placed on the bankruptcy courts’ authority. Despite extensive published discourse regarding Stern’s constitutional importance, however, almost no one seems to have addressed a more basic question: who is responsible for policing the constitutional limits …
(Originally posted to http://volo.abi.org/circuits/10th by Dan Glasser) Stay violation sanctions, authorized under 11 U.S.C. 105, may include monetary and non-monetary relief. To the extent that monetary sanctions are at issue, such relief is available under Bankruptcy Rule 9014 and no adversary proceeding is required under Bankruptcy Rule 7001. For purposes of civil contempt, constitutional due process merely requires notice and …
