July 2, 2025
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
July 1, 2025
A firm wasn’t disqualified when attorneys who left the firm long ago had represented an adversary in a possibly similar engagement.
June 26, 2025
In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.
June 25, 2025
Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.
June 18, 2025
A BAP decision raises the question of whether Ninth Circuit authority has been implicitly overruled by Supreme Court decisions.
June 17, 2025
Selling a debtor’s claims must be structured to avoid champerty under state law.
April 29, 2025
The panel trustee had been found in state court to be a spousal abuser who lied in obtaining a Covid loan.
April 24, 2025
Given that chapter 7 has remedies like denial of discharge for a debtor’s misconduct, bad faith in chapter 11 doesn’t allow dismissal on conversion to chapter 7.
April 14, 2025
The district judge who excoriated Jackson Walker in a decision last year will now decide whether the firm must disgorge what it was paid in dozens of large chapter 11 cases.
April 2, 2025
A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).