Over Dissent, the Fourth Circuit Says No Arbitration for Automatic Stay Violations
A nationwide class action for a stay violation seems to be an open issue.
$1.6 Million Fee Disgorgement Upheld for Failure to Disclose Fee-Sharing
The bankruptcy judge had authority to sanction a lawyer for all misconduct in the district, not just in the cases before that judge.
Ninth Circuit BAP Wrote a Handbook for Vexatious Litigant and Prefiling Injunctions
The Ninth Circuit hasn’t decided whether bankruptcy courts are ‘courts of the U.S.’ authorized to exercise powers under the All Writs Act, 28 U.S.C. § 1651(a).
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, or uttered, the above quote
Claim Preclusion Didn’t Preclude Making Successive Exemption Claims, Circuit Says
The Ninth Circuit holds that claim preclusion doesn’t prevent a debtor from claiming federal exemptions after the bankruptcy court has denied state exemption.