Ethics

Claims Agents Are Barred from Making Money on the Side from the Claims Docket

Bankruptcy Judge Sean Lane in New York barred a chapter 11 claims agent from selling the claims docket to a claims trader in return for a share of the fees earned by the trader.

‘Results Obtained’ Can Justify Cutting Fees by 50%, Sixth Circuit Says

In fee allowances, considering ‘results obtained’ survived the 1994 amendments to Section 330(a).

Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs

The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).

Ethics: Crime in Bankruptcy

Temporary Allowance Under Rule 3018(a): Patterns and Precepts

Oct 2022

No De Novo Review of Discovery Sanctions After the Reference Is Withdrawn

An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.

Loose Lips Sink Ships: Mediation Confidentiality, Privilege and Ethics

Rule 11 Motion for Sanctions May Be Filed After Final Judgment, Eleventh Circuit Says

A motion for sanctions may be filed after judgment, as long as the 21-day safe harbor has elapsed before judgment.