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ABI Journal

Rochellel's Daily Wire

January 31, 2024

Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing

Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 07, 2023

Lawyer Must Disclose a Client’s Misconduct, Even When It’s ‘Uncomfortable’

Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.

3rd Circuit, Pennsylvania, Pennsylvania Western District

July 17, 2023

Lack of Creditor Opposition Isn’t Grounds for Extending an Expiring Automatic Stay

A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.

3rd Circuit, Pennsylvania, Pennsylvania Western District

May 08, 2023

Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief

Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 28, 2022

A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees

Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.

3rd Circuit, Pennsylvania, Pennsylvania Western District

December 21, 2021

Owner of a Long-Defunct Business Didn’t Qualify for Subchapter V

Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.

3rd Circuit, Pennsylvania, Pennsylvania Western District

March 29, 2021

Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay

Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.

3rd Circuit, Pennsylvania, Pennsylvania Western District

January 11, 2021

Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations

Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 20, 2020

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

3rd Circuit, Pennsylvania, Pennsylvania Western District

October 28, 2019

Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.

3rd Circuit, Pennsylvania, Pennsylvania Western District