Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.
Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.