Ethics

Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable

The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
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Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy

Reliance on advice of counsel is not a complete defense to contempt citations.
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Section 328(c) and Rule 2014(a) Both Permit Denial of All Compensation

Undisclosed representation of the debtor’s principal resulted in denial of all compensation sought by counsel for the corporate debtor.

A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011

Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.

Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’

Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.

No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526

The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.

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