Case Bites – Interesting Bites from This Week’s Cases

Posted by NCBRC - June 21, 2019

Case Bites issues:

  • If service of an adversary complaint is not completed until 21 days after the Clerk issues the summons, and no response is filed, can a Court sua sponte deny a request for entry of default judgment for improper service?
  • Can a chapter 13 Trustee avoid the claim of a creditor who did not perfect its security interest until after a chapter 13 is filed?
  • Are negative procedural rulings against a party grounds to recuse the bankruptcy judge for bias?
  • What is the standard to challenge a trustee’s decision to settle litigation?
  • Can a motion for sanctions under Rule 11 be dismissed as untimely if filed after final adjudication of the offending pleading or motion?

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