April 07, 2021
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
April 01, 2021
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
January 29, 2021
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
January 21, 2021
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
January 08, 2021
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
December 23, 2020
Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’
December 21, 2020
Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.
December 07, 2020
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
December 02, 2020
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
November 27, 2020
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.