November 16, 2016

Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says

Sarbanes-Oxley nails securities fraudsters who file bankruptcy.

10th Circuit

November 07, 2016

Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees

California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.

9th Circuit

October 31, 2016

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

11th Circuit, Florida, Florida Middle District

October 27, 2016

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

1st Circuit

October 04, 2016

Supreme Court Flirts with Tackling Another Chapter 11 Issue

If an insider sells a claim, does the purchaser automatically acquire insider status?

Supreme Court

August 31, 2016

Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)

Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.

3rd Circuit

August 09, 2016

Circuit Demands that Prefiling Injunctions Be Clear and Precise

Constitutional principles create a loophole for frivolous litigation.

D.C. Circuit, District of Columbia

August 08, 2016

Stern Objections Always Must Be Raised to Avoid Potential Malpractice

The lawyer who lost Wellness International may be facing malpractice liability.

7th Circuit, Illinois, Illinois Northern District

Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees

$50,000 in punitive damages held excessive when actual damages were $1,500.

11th Circuit, Alabama, Alabama Middle District

July 29, 2016

California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine

Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.

9th Circuit