Ethics

Bankruptcy Judge Predicts Circuit Split on Substantive Consolidation with Nondebtors

Seventh Circuit is averse to creating remedies under Section 105, Bankruptcy Judge Hollis says.

Discharge Revoked for Failure to Obey an Order Pending Appeal

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.

Bankruptcy Court Has Constitutional Power to Sanction, Eighth Circuit Rules

Bankruptcy courts have constitutional power to sanction for actions occurring during administration of a bankruptcy case.

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

Liberating Debtors from “Sweatbox” and Getting Attorneys Paid: Bifurcating Consumer Chapter 7 Engagements

June 2018

Your Ethical Duties

Blurring the Lines: The Advent and Ethics of Multidisciplinary Practice

Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card

Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.

Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’