There’s Peril in Issuing a Report and Recommendation When It’s Not Necessary
Fourth Circuit opinion shows how abstention is a powerful tool that insulates an erroneous decision from appellate review.
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$400,000 in Sanctions Upheld for Violation of a Confidentiality Order
A large sanction was civil, not criminal, because it was designed for deterrence.
‘13’ Debtors Need to Know Whether They Lose Appreciation When They Sell a Home
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 May 2023
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McKinsey Consulted VA While Advising Opioid Makers to Target Agency for Sales
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Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal
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.
Seventh Circuit Upholds $9.5 Million in Sanctions for Violating a Plan Injunction
When there was a knowing violation of injunctions in the plan and confirmation order, the Seventh Circuit said that the appeal bordered on frivolous.
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