Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
Court:
Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
Court:
New York Bankruptcy Attorney Admits Embezzling Funds
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‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
Court:
Fifth Circuit, in Bankruptcy Ruling, Lets Convicted Businessman Pay Criminal Defense Counsel with House Sale Proceeds
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California Supreme Court Kills the Jewel Doctrine on a Certified Question
Jewel has now been formally rejected in New York and California. Washington, D.C. is next.
Court:
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test
Some justices are critical of the existing test for ruling on non-statutory insider status.
Court:
Arresting the Debtor During Mediation Is a Very Big No-No
How to ruin a good case: have your adversary arrested during mediation.