Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion. Read more about Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm
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. Judge Name - Do not use it. Gerard E. Lynch Read more about Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says. Judge Name - Do not use it. Margaret McKeown Read more about Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors. Judge Name - Do not use it. William J. Kayatta, Jr. Read more about Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Ninth Circuit Bars Third Parties from Seeking Damages for Dismissal of an ‘Involuntary’ If the involuntary corporate debtor was deadlocked and unable to act, the dissenter would have permitted a 50% shareholder to seek damage for dismissal of the petition. Judge Name - Do not use it. Mark J. Bennett Read more about Ninth Circuit Bars Third Parties from Seeking Damages for Dismissal of an ‘Involuntary’
Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says. Judge Name - Do not use it. Michael B. Kaplan Read more about Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
Supreme Court Won’t Intervene in Fight Between Jay Alix and McKinsey Supreme Court will not rule on whether upholding the integrity of the judicial system by itself confers appellate standing. Read more about Supreme Court Won’t Intervene in Fight Between Jay Alix and McKinsey
Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says. Judge Name - Do not use it. Paul W. Bonapfel Read more about Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk. Judge Name - Do not use it. Neil P. Olack Read more about Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split