Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Discharge Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
Arresting the Debtor During Mediation Is a Very Big No-No
How to ruin a good case: have your adversary arrested during mediation.
Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court
Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.