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Ethics

Benchnotes August 2020

Aug 2020

Bankruptcy Code
365(p)
522
523
524
Topic Tags
Alternative Dispute Resolution
Asset Sales
Claims
Bankruptcy Litigation
Ethics
Fraud
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

9th Circuit

Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)

Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’

5th Circuit
Texas
Texas Southern District

Judge Shefferly Confines Viegelahn to Its Facts

If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.

6th Circuit
Michigan
Michigan Eastern District
Wednesday, May 13, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Mass Torts
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Navigating Restructuring Considerations and Managing Distress Amid COVID-19

July 2020

Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Corporate Governance
Ethics
Financial Advisors
Legislation
Plan Confirmation
Practice and Procedure
Preferences
Valuation
Consumer Bankruptcy
Consumer Debt
Business Reorganization
Commercial Fraud
Covid19
Finance and Banking
International Insolvency
Labor/Employment
Lender Liability
Mass Torts
Municipal Bankruptcy
Public Companies and Claims Trading
Turnaround Issues

Paper Chase: Court Approves Meticulously Disclosed Bifurcation of Chapter 7 Agreement

May 2020

Bankruptcy Code
329
526
528
1006
2016
Topic Tags
Ethics
Consumer Bankruptcy
Consumer Debt

Lawyer for Madoff Customer Slapped with $57,347 Discovery Sanction

Calling the Madoff trustee a liar and basing a discovery motion on facts known to be false resulted in sanctions under Rule 37(a)(5)(B).

2nd Circuit
New York
New York Eastern District

Technology and Legal Ethics: A User’s Manual (Part II)

April 2020

Topic Tags
Ethics

Fifth Circuit’s Seminal Reed Decision Not Followed in Chapter 13

Bankruptcy judge finds no statutory power for a chapter 13 trustee to prosecute a lawsuit that the debtor was judicially estopped for pursuing.

5th Circuit
Louisiana
Louisiana Eastern District
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