Ethics

Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen

If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?

For Petitions the Clients Had Not Seen or Signed, Lawyer Recommended for Disbarment

Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.

Benchnotes August 2019

August 2019

The Ethics of the Vulnerable Client Population in Bankruptcy

Top 10 Ethics Traps and How to Avoid Them

Supreme Court Rejects Strict Liability for Discharge Violations

‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.

Ethics Panel

Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm

Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.

Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says

Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.