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Rochelle's Daily Wire | ABI Exclusive
June 28, 2019
Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?
June 27, 2019
For Petitions the Clients Had Not Seen or Signed, Lawyer Recommended for Disbarment
Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.
June 3, 2019
Supreme Court Rejects Strict Liability for Discharge Violations
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
May 10, 2019
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.
Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm
Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.
April 29, 2019
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).
April 25, 2019
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.
April 16, 2019
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
April 4, 2019
Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.
March 6, 2019
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.