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April 03, 2018
Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
2nd Circuit
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
11th Circuit
March 23, 2018
‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
9th Circuit
,
Idaho
March 07, 2018
California Supreme Court Kills the Jewel Doctrine on a Certified Question
Jewel has now been formally rejected in New York and California. Washington, D.C. is next.
9th Circuit
,
California
March 06, 2018
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
6th Circuit
,
Kentucky
,
Kentucky Eastern District
March 05, 2018
Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test
Some justices are critical of the existing test for ruling on non-statutory insider status.
Supreme Court
February 20, 2018
Arresting the Debtor During Mediation Is a Very Big No-No
How to ruin a good case: have your adversary arrested during mediation.
9th Circuit
,
California
,
California Central District
February 14, 2018
Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court
Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.
4th Circuit
,
Virginia
,
Virginia Western District
January 23, 2018
Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
9th Circuit
,
California
,
California Eastern District
January 22, 2018
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
9th Circuit
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