July 13, 2017

Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago

Appeals court avoids a split of circuits by deciding a different issue this time.

9th Circuit

June 29, 2017

Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules

Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.

11th Circuit

June 28, 2017

Supreme Court to Decide on Choice of Law Governing Recharacterization

Supreme Court takes a third bankruptcy case for the term to begin in October.

Supreme Court

June 27, 2017

Supreme Court Takes a Third Bankruptcy Case for Next Term, on Recharacterization

Supreme Court

June 14, 2017

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit, Texas, Texas Northern District

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit, Texas, Texas Southern District

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Stale Claims

Suit in Texas attacks the filing of stale claims permitted by Midland Funding.

May 16, 2017

After Chapter 13 Dismissal, Counsel Fees Aren’t Paid

Harris v. Viegelahn extended from chapter 13 conversions to dismissals.

5th Circuit, Louisiana, Louisiana Western District

May 10, 2017

Violation of Professional Ethics Resulted in a Nondischargeable Debt

Two ethical lapses resulted in a nondischargeable debt.

5th Circuit

April 20, 2017

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927

Lawyers can be nailed for misconduct under Section 1927, but not their clients.

9th Circuit