GCK On Law

Restrictions on Amending Schedules Upon Reopening Case

Rule 1009(a) of the Federal Rules of Bankruptcy Procedure provides that schedules “may be amended by the debtor as a matter of course at any time before the case is closed.”  This facially simple provision, however, has led to a, a split among the courts as to whether...

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Enforcement of Arbitration Clauses in Bankruptcy Proceedings

The Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”  9 U.S.C. §2.  The FAA further provides that the court,...

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