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A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
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‘Serious Concerns’ About a Conflict Aren’t Enough to Disqualify a Trustee’s Counsel
A firm wasn’t disqualified when attorneys who left the firm long ago had represented an adversary in a possibly similar engagement.
There’s Reciprocal Fee-Shifting in California When a Contract Has Unilateral Fee-Shifting
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.
Comparative Fault Doesn’t Require Reduced Attorneys’ Fees for Discharge Violations
Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.
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Generative AI and the Restructuring Professional: Practical Uses, Ethical Risks, and How Not to Get Sued by Skynet
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State Bar Disciplinary Proceedings Aren’t Barred by the Automatic Stay or Discharge
A BAP decision raises the question of whether Ninth Circuit authority has been implicitly overruled by Supreme Court decisions.
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Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
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