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August 07, 2018
New York Judge Rails Against the Use of ‘Appearance Counsel’
Multiple ethical violations may occur with the use of so-called appearance counsel in consumer bankruptcies.
2nd Circuit
,
New York
,
New York Southern District
August 03, 2018
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says
One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
3rd Circuit
July 31, 2018
Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal
Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.
9th Circuit
July 25, 2018
Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel
Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
11th Circuit
July 10, 2018
New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)
Firm allowed to drop a creditor-client and represent the debtor in chapter 11.
2nd Circuit
,
New York
,
New York Southern District
July 09, 2018
U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’
New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).
2nd Circuit
,
New York
,
New York Southern District
June 26, 2018
Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation
Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.
9th Circuit
,
Arizona
June 25, 2018
Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules
Newly appointed Circuit Judge Willett has a way with words.
5th Circuit
Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years
Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.
9th Circuit
June 19, 2018
Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim
Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.
5th Circuit
,
Texas
,
Texas Southern District
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