Ethics

Think First and File Later: Pitfalls in Claims Litigation By Amelia Martin Adams Almost everything filed in bankruptcy cases bears a signature or affirmation. Documents signed in ink or digitally with an /s/ certify the signatory’s approval of their content. Documents

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Bankruptcy Court Limits Bartenwerfer to Partnership or Agency Debts, Finding It Inapplicable to Fraudulent-Transferee Liability Can the recipient of a fraudulent transfer discharge the claim in

Courts Find Obstacles to Limited Representation in Consumer Cases By Stephen W. Sather The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added new responsibilities for consumer debtors. These include pre-petition credit counseling, 1

Providing an adult child with room and board in the family home is not a fraudulent transfer.

Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.

One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Failures by Debtors’ Counsel to Disclose Fee Arrangements “Will Not Be Taken Lightly” In In re Dordevic, 1 counsel for the debtor disclosed that the debtor paid counsel $5,000 for services in

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.