Elvis Presley once said, “Truth is like the sun. You can shut it out for a time but it ain’t going away.” As we all know, the legal system in the U.S. is predicated upon truth — the decisions of the fact-finder are based on the veracity of the evidence presented. In Ehrenberg v.
It has now been almost two years since Bankruptcy Judge Steven W. Rhodes (ret.) confirmed an adjustment plan for the city of Detroit, the largest chapter 9 case ever filed. According to ABI’s statistics, 11 “municipalities” have filed for chapter 9 protection since Jan.
While the Federal Rules of Bankruptcy Procedure (FRBP) mirror the Federal Rules of Civil Procedure, the two rule sets contain enough significant differences to require a lawyer appearing in bankruptcy court to do a little homework beforehand.
A debtor cannot recover sanctions or attorneys’ fees under 11 U.S.C. § 362(k) when the debtor admits to having suffered no actual damages and the filing of a motion for sanctions was not necessary to remedy a stay violation.[1] Denying the debtor’s motion for sanctions, the U.S.
On Aug. 30, 2016, in Roberts Broadcasting v. McKitrick,[1] the U.S. District Court for the Eastern District of Missouri (Eastern Division) decided that a legal malpractice claim against bankruptcy counsel based on services rendered in the bankruptcy case “arises in” a case under the Bankruptcy Code.
Electronic signature software, such as DocuSign, is increasingly accepted in commercial transactions as an enforceable means of signing contracts and other agreements. However, in a recent decision by the U.S.
Recently, in In re Frantz,[1] the U.S. District Court for the District of Idaho affirmed the bankruptcy court’s assessment of $49,477.46 in sanctions against the debtors and their attorney for improper litigation tactics.
[1]An asset sale is an important strategic option for hospitals and other health care facilities in financial distress.
The Official Form rollout on Dec. 1, 2015, included the handsome new Proof of Claim form, B410. The buzz was that the changes to the form were mostly cosmetic, including a larger font and a computer-friendly format. Part 3 of the Proof of Claim form provides many alternatives as to who may sign the form.
Mediation is receiving an increasing amount of attention in international commercial matters, including cross-border insolvency and restructurings. The global nature of business enterprises today, with exposure to litigation — and its expense and risk — in more than one forum, is a compelling reason to pursue mediation as a solution to contentious disputes.
