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Practice and Procedure

Tuesday, March 24, 2020
Article Tags
Court Administration
Legislation
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Tuesday, March 24, 2020
Article Tags
Corporate Governance
Creditors' Committee
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Ninth Circuit BAP Applies Taggart to Violations of the Automatic Stay

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.

9th Circuit

Indebted to the Agency: What to Do When Social Security Is Your Creditor

June 2020

Bankruptcy Code
106
11 U.S.C. § 362
507
523
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Govt. Claims/Sovereign Immunity
Health Care

Another Case Shows the Need to Provide Remedies for Discharge Violations

Discharge was violated, but sanctions are likely out of reach.

7th Circuit

Can We Get Along? Trading and Restructuring

June 2020

Topic Tags
Claims
Practice and Procedure
Public Companies and Claims Trading

Judge Finds a Workaround to Avoid Using Nunc Pro Tunc Retentions

Judge Grossman finds a way to grant allowances of compensation for services performed before the entry of a retention order.

2nd Circuit
New York
New York Eastern District
Friday, March 13, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently

The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’

9th Circuit
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