Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake Sympathy for a client won’t make up for counsel’s mistake. Judge Name - Do not use it. Paul Baisier Read more about Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context. Judge Name - Do not use it. Roberta A. Colton Read more about Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device. Judge Name - Do not use it. James R. Sacca Read more about Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages ‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge. Judge Name - Do not use it. Laurel M. Isicoff Read more about ‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge. Read more about Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer. Judge Name - Do not use it. Kevin Newsom Read more about Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing Debtors aren’t required to turn over tax returns that don’t exist. Judge Name - Do not use it. Paul Baisier Read more about Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing
Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal Relation-back kicks in if an earlier motion contains the elements of a complaint. Read more about Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal
Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet There is no implied assumption of an executory employment contract under the Bankruptcy Code. Judge Name - Do not use it. Tamara O. Mitchell Read more about Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet
Alabama District Judge Remains Antagonistic Toward Discharging Student Loans ICRPs are always a factor in discharging student loans. Judge Name - Do not use it. W. Keith Watkins Read more about Alabama District Judge Remains Antagonistic Toward Discharging Student Loans