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Home
April 18, 2017
Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings
Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.
2nd Circuit
April 12, 2017
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
3rd Circuit
April 05, 2017
Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
9th Circuit
April 04, 2017
Fee Application After Completion of Plan Payments Comes Too Late
Fees awarded after discharge are wiped out like everything else.
6th Circuit
,
Michigan
,
Michigan Western District
March 27, 2017
Supreme Court Grants ‘Cert’ on Appellate Standards for Non-Statutory Insider Status
High court won’t decide whether a claim purchaser automatically takes seller’s insider status.
Supreme Court
March 20, 2017
Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.
3rd Circuit
,
Delaware
March 06, 2017
Paying a Retainer by Credit Card Does Not by Itself Violate Section 526(a)(4)
Judge ok’s scheme sticking a credit card lender with the retainer for the debtor’s lawyer.
February 17, 2017
Supreme Court Unlikely to Decide Whether Claim Purchaser Takes Seller’s Insider Status
Solicitor General says that Ninth Circuit correctly held that purchaser of an insider’s claim doesn’t automatically become an insider.
Supreme Court
January 24, 2017
Litigation Funding Could Be Champertous in Some States
Financing litigation is champertous if the lender exercises control.
4th Circuit
,
North Carolina
,
North Carolina Western District
December 02, 2016
BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction
Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.
6th Circuit
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