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Home
October 04, 2017
Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.
5th Circuit
,
Louisiana
,
Louisiana Western District
October 02, 2017
Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order
Third Circuit gives immunity to a trustee for unilateral action protecting estate property.
3rd Circuit
September 29, 2017
No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least
Several cases are in the running for Supreme Court review this term or next.
Supreme Court
September 25, 2017
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
10th Circuit
,
New Mexico
September 20, 2017
En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy
Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.
11th Circuit
September 12, 2017
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
3rd Circuit
,
Pennsylvania
,
Pennsylvania Eastern District
August 30, 2017
Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien
Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.
2nd Circuit
,
New York
,
New York Southern District
August 15, 2017
Existence of a Committee Precludes Tolling the Statute for Adverse Domination
The statute is tolled only if the creditors’ committee is denied standing to sue.
7th Circuit
August 14, 2017
Supreme Court Will Not Resolve Circuit Split on Recharacterization
A settlement prompts the high court to ditch a case deciding whether state or federal law governs recharacterization.
Supreme Court
August 01, 2017
Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order
Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.
9th Circuit
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