The litigation process in bankruptcy courts differs from the litigation process under the Federal Rules of Civil Procedure. And the bankruptcy litigation process differs from the Federal Rules in many of the same ways that the arbitration process tends to differ from the Federal Rules. This...

Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in...

This overview of bankruptcy and other debtor-creditor law in the United States is designed for lawyers trained outside of the U.S. It summarizes federal and state law governing collection from debtors in bankruptcy and debtors outside of bankruptcy

Courts do not enforce contracts prohibiting a party from filing for bankruptcy, but what about contracts requiring that any bankruptcy filing and ensuing case be in arbitration rather than in court? This article is the first to envision unanimous arbitration agreements among all the parties to a...

In 2021, a bankruptcy court refused to enforce an arbitration agreement because, among other reasons, the debtor rejected the contract containing the arbitration agreement under Bankruptcy Code § 365. In concluding that rejection meant the debtor was “no longer bound by the [contract]’s...