Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award
Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
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Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim
Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.
Judge Name - Do not use it.
Sim Lake
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
Senate Committee Questions Judiciary's Anti-Harassment Efforts After Kozinski Scandal
The head of the working group formed to evaluate the federal judiciary’s procedures for dealing with judicial misconduct faced a string of critical questions yesterday from the Senate Judiciary Committee about the group’s efforts to gauge the prevalence of sexual harassment in the third branch, the National Law Journal reported. Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) told James Duff, the director of the Administrative Office of the U.S. Courts and head of the working group formed in the aftermath of revelations about Ninth Circuit Judge Alex Kozinski’s inappropriate conduct with law clerks, that his group’s report issued earlier this month ”kicks the can down the road” in terms of laying out viable, transparent processes court staff can use to report harassment. Grassley noted that nearly every federal agency has a watchdog to whom employees can take harassment complaints. The report of the nine-member working group, formed at the behest of U.S. Supreme Court Chief Justice John Roberts Jr., acknowledged that “power disparities” between judges and employees may deter workers from making complaints. The report, among other things, proposed the establishment of an internal Office of Judicial Integrity to provide employees with advice regarding workplace conduct.
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Netflix Says Relativity’s Bankruptcy Lawyers Are Conflicted
Streaming giant Netflix Inc. says Winston & Strawn LLP, the law firm hired to represent Relativity Media LLC in its latest bankruptcy, is legally bound to withdraw from the case, WSJ Pro Bankruptcy reported. According to Netflix, Winston & Strawn is also currently representing Netflix in patent-related litigation in Delaware. In an objection filed on Monday with the U.S. Bankruptcy Court in New York, lawyers for Netflix said that it never gave “informed consent” to Winston & Strawn regarding the firm’s representation of Relativity and that the situation creates the “potential for divided loyalty.” Netflix has asked Judge Michael Wiles, the judge overseeing Relativity’s bankruptcy, to deny the law firm’s application to work in the case or, as an alternative, to order the appointment of special conflicts counsel. Attorneys from Winston & Strawn didn’t respond to a request for comment Tuesday. A court hearing on the matter is set for June 28.
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
Judge Name - Do not use it.
Laura S. Taylor
Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion
A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.
Judge Name - Do not use it.
Tracey N. Wise
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
Judge Name - Do not use it.
Paul Baisier