January 14, 2022
A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.
January 10, 2022
The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
January 3, 2022
Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.
3rd Circuit , Delaware ,
December 30, 2021
New Jersey judge says that professionals may not be able to limit liability when malpractice is more than mere negligence.
December 7, 2021
Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.
December 6, 2021
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
November 19, 2021
Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
November 11, 2021
Judge Clarkson laid down guidelines for a lawyer who copies pleadings written by another lawyer in a different case.
October 27, 2021
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.