June 25, 2021
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
June 21, 2021
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
April 16, 2021
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
April 9, 2021
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.
April 7, 2021
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
April 1, 2021
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
January 29, 2021
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
January 21, 2021
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
January 8, 2021
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
December 23, 2020
Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’