ATexasBankruptcyLawyersBlog

Exaggerated Allegations Lead to Sanctions in Stay Violation Case

11/07/21

Many consumer debtor attorneys have chosen to enhance their revenue by filing suit on relatively minor violations of the automatic stay or discharge. There is nothing inherently wrong with these suits since they vindicate the rights that debtors receive when they file bankruptcy. However, some practitioners have resorted to filing form complaints which go on for hundreds of paragraphs with boilerplate allegations about the callousness of the particular creditor.

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Texas Courts Move Closer to Federal Standard in Proving Up Attorneys' Fees

11/04/21

Federal court practitioners, particularly those appearing in bankruptcy court, are familiar with the requirements of the lodestar method for proving up attorneys' fees. Under Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974) and subsequent cases, attorneys were used to producing contemporaneous time sheets in sufficient detail to describe the work performed and the rate charged.

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Senior Care Centers Cases Illustrate Fine Line Between Complex and Small Business Cases

10/28/21

 “One pill makes you larger
And one pill makes you small….”
— “White Rabbit” by Jefferson Airplane

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The Unsavory Origins of the Term "Chinese Wall"

10/23/21

The National Conference of Bankruptcy Judges has put out a statement on Inclusive Language which recommends using the term  "firewall," "screen" or "ethics wall" instead of "Chinese wall" to describe "an information barrier within an organization intended to prevent exchange of information or communication that could lead to conflicts of interest." It stated that the term "Chinese wall" was considered offensive without further elaboration.

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NCBJ 2021: Speeding Out of the Pandemic: Courts, Practitioners and the Road Ahead

10/22/21

This panel looked at how Covid has affected the legal professional and how it will affect the practice going forward. The panel consisted of Judge Elaine Ha

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NCBJ 2021: Awards Edition

10/19/21

 One of the celebratory aspects of the National Conference of Bankruptcy Judges is the recognition of judges, attorneys and others receiving awards from various groups. I went to as many programs I could. Congratulations to the following honorees!

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NCBJ 2021: CLLA Luncheon: Ethics Goes to the Movies

10/10/21
Larry Cohen, a lawyer from Vermont and adjunct faculty member at multiple law schools used movie clips to teach legal and judicial ethics. Trying to describe movie clips without being able to play them may be a fool's errand but I will do my best.  I am sure that I didn't capture everything possible but at least this is some ethical food for thought.
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NCBJ 2021: Even the Circuits Can't Agree

10/10/21

 ABI Editor at Large Bill Rochelle hosted a group of three panels discussing three different legal issues. The issues included one legitimate circuit split, a dispute between lower courts and a divided state court panel.

Recharacterization

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