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

April 19, 2017

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Supreme Court

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 14, 2017

Res Judicata Bars Later Suit Against the Owner for WARN Act Violation

Owners and employers should be sued together on the WARN Act to avoid claim splitting.

April 07, 2017

Surprising Analysis Yields the Expected Result on Choice of Law for Claims

Chosen law governed statute of limitations for allowance of claims in bankruptcy.

9th Circuit

April 07, 2017

Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.

9th Circuit, California, California Central District

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

April 03, 2017

State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable

Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.

3rd Circuit

March 31, 2017

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

Res judicata does not apply to ‘deemed allowed’ claims.

4th Circuit