Ethics

Ethics Panel

Rule 9011 Sanctions Imposed for Filing Decedent’s Estate to Halt Foreclosure

Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.

Judge Ambro Explains the Primacy of Section 327(a) over State Ethics Rules

Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.

Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements

Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.

Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor

In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.

The Benefits and Ethical Concerns of Nonlawyer Fee-Sharing

July 2022

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says

Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.

How and Why We Avoid Conflicts of Interest: The Relevance of Conflict Checks in Turnaround Work

From its inception, the National Ethics Task Force [1] was charged with answering the question of whether there is a need for national ethics rules, standards and general practice guidance in the bankruptcy context.