July 14, 2016

Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit

Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.

D.C. Circuit

July 11, 2016

Chapter 7 Debtors’ Access to Counsel Threatened by B.A.P. Opinion

Ninth Circuit B.A.P. highlights discrimination against chapter 7 debtors.

9th Circuit

May 19, 2016

District Court Upholds Procedures for Suspending a Panel Trustee

Panel trustee suspended for unfair, harsh, accusatory examination of debtors.

2nd Circuit, New York, New York Southern District

May 06, 2016

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

5th Circuit

April 16, 2016

Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning

High court should revisit Kelly v. Robinson from 1986, circuit court says.

9th Circuit

March 22, 2016

Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness

Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.

7th Circuit

March 16, 2016

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.

10th Circuit, Colorado

February 29, 2016

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

11th Circuit

February 24, 2016

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.

9th Circuit, Montana

First Circuit BAP Sanctions Firm for a Lawyer’s Conduct

Circuits are split on sanctioning a firm under Section 1927 for a lawyer’s conduct.

1st Circuit