Ethics

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.
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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.
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Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’
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‘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.
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