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.
Judge Name - Do not use it.
Ninth Circuit
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Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA
Statutory interpretation dominates argument on the term’s second FDCPA case.
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Supreme Court
Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
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Tenth Circuit
Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan
Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.
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James R. Sacca
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
Judge Name - Do not use it.
Michael J. Melloy
For Chapter 13 Eligibility, Lease Claims Aren’t Capped
Large judgment for future rent made debtors ineligible for chapter 13.
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Marvin Isgur
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
Bankruptcy law definition of a ‘lien’ is broader than state law.
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Cynthia A. Norton
First Quarter Bankruptcy Filings Down Slightly from 2016, March Filings Up
Total U.S. bankruptcy filings fell slightly in the first calendar quarter (Jan. 1 - March 31) of 2017 from the same period in 2016, according to data provided by Epiq Systems, Inc. Bankruptcy filings totaled 195,199 in the first quarter of 2017, down just 0.23 percent from the 195,647 filings registered in the first calendar quarter of 2016. The 185,868 total noncommercial filings recorded in the first calendar quarter of 2017 represented a 0.27 percent decrease from the 2016 total of 186,376. Total commercial filings for the first three months of 2017 were 9,331, representing a 1 percent increase from the 9,271 filings during the same period in 2016. Total commercial chapter 11 filings represented the largest change, as the 1,270 during the first three months of 2017 represented an 11 percent drop from the 1,428 filings reported last year.
