Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy
Reliance on advice of counsel is not a complete defense to contempt citations.
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BAP Describes When a Nonbankruptcy Court’s Order Does or Does Not Violate the Stay
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
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.
A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says
A prevailing party can’t appeal arguably erroneous findings.
Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
Journal Issue
Bankruptcy Code
Bankruptcy Rule
Johnson & Johnson Survives a Motion to Dismiss that Alleged a Bad Faith Filing
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.
Ordinary Excuses Won’t Justify Plan-Filing Delays in Subchapter V
A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.
Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable
Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.