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.
Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
Target of Lawsuit Doesn’t Have Standing to Appeal a Litigation Funding Agreement
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
Supreme Court Rules Again on Arbitration, Saying Nothing Explicitly About Bankruptcy
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
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.
A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says
A prevailing party can’t appeal arguably erroneous findings.
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.
California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.