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ABI Journal

April 06, 2022

Supreme Court Rules Again on Arbitration, Saying Nothing Explicitly About Bankruptcy

The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.

Supreme Court

April 05, 2022

A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011

Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.

9th Circuit, California, California Eastern District

April 04, 2022

A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says

A prevailing party can’t appeal arguably erroneous findings.

2nd Circuit

April 01, 2022

Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’

Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.

3rd Circuit, Delaware

March 31, 2022

Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision

ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.

9th Circuit

March 30, 2022

No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526

The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.

7th Circuit, Illinois, Illinois Southern District

March 29, 2022

Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty

A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.

6th Circuit

March 24, 2022

Defamation and IIED Claims Are Not ‘Personal Injury Torts’

Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.

10th Circuit, New Mexico

March 22, 2022

The Concept of Bifurcated Fee Agreements Approved on Appeal in South Carolina

Reversing the bankruptcy court, the district court decided that a local rule did not bar bifurcated fee arrangements altogether.

4th Circuit, South Carolina

March 16, 2022

Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions

Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.

10th Circuit, Kansas