Ethics

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.’

Let’s Ask for Sanctions! (But What Kind?)

June 2018

‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.