Supreme Says: No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees
Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.
Court:
Edifying Ethical Encounters with Technology (Legal Edition)
Concurrent Representation of a Major Creditor/Shareholder Is/Isn’t Disqualifying
Concurrent representation of a 43% shareholder was disqualifying while representing a creditor with 79% of the debt did not disqualify.
Court:
Amending a Claim After Confirmation Requires ‘Compelling Circumstances’
The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.
Court:
Bankruptcy Judge Jones Asked Jackson Walker to Make False Statement, Law Firm Alleges
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Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint
A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.
Court:
Fifth Circuit Draws ‘Person Aggrieved’ into Question for Appellate Standing
The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?
Court:
Federal Government Doesn’t Have Sovereign Immunity to Avoid Contempt Sanctions
Bankruptcy Judge Scott Clarkson nailed the government with $38,000 in sanctions for a ‘willful’ violation of a discovery order shown by ‘clear and convincing evidence.’
U.S. Trustee Program Obtains Sanctions Against Consumer Bankruptcy Attorneys Involved in Real Estate Schemes
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