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August 7, 2018

Multiple ethical violations may occur with the use of so-called appearance counsel in consumer bankruptcies.

August 6, 2018

Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.
Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).

August 3, 2018

One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.

August 2, 2018

A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.
Court retains adjudicatory power unless the arbitration agreement applies to all disputes.

August 1, 2018

A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.

July 31, 2018

Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.

July 30, 2018

Bankruptcy Judge Colleen A. Brown of Burlington, Vt., changes her position on Section 362(c)(3)(A).