Rochelle's Daily Wire

Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.

The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.

Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.

The government lost a winnable appeal by failing to present evidence in bankruptcy court.

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

Language in the documents prevented trusts from dissolving automatically when the trustee missed a deadline for extending the duration of the trusts, Judge Isgur said.

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

Below median debtors are no longer required to turn over tax refunds in excess of $2,000.

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.

Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.