ATexasBankruptcyLawyersBlog

Sanctions in the Michigan Elections Case and in Bankruptcy Court (Pt. 3)

09/20/21

This is part 3 of our discussion of sanctions in the Michigan elections case and in Bankruptcy Court. This installment examines 28 U.S.C. §1927.

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Sanctions in the Michigan Election Case and in Bankruptcy Court (Pt. 2)

09/16/21

Yesterday I introduced King v. Whitmer (E.D. Mich. 8/25/21), the case in which Judge Linda Parker wrote a 110-page opinion awarding sanctions under three separate legal grounds. Today we look at sanctions under Fed.R.Civ.P. 11, the longest section of the opinion, as well as a case where sanctions were assessed under Fed.R.Bankr.P. 9011, its bankruptcy counterpart.

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In Remembrance of Barbara M. Barron

08/09/21

 My close friend and colleague Barbara Barron passed away in her sleep on Wednesday August 3, 2021. I first met her on a case in 1988. I got to know her well from bar activities around 2000, and then when I joined Barron & Newburger, P.C. in 2003.

Here is a look at her life and some of her most notable achievements. 

Legal Career

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Second Circuit Says Student Obligation Was Not Excepted From Discharge

07/21/21

Congress has made it very difficult to discharge a student loan. However, as illustrated by a recent decision from the Second Circuit, not all obligations owed by students in connection with their schooling are excepted from discharge. Homaidan v. Sallie Mae, Inc., 2021 U.S. App. LEXIS 20934 (2nd Cir. 7/15/21).

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Change in Trial Location Renders Non-Party Deposition Admissible

07/15/21

Depositions serve two important functions in pre-trial procedure. First, they can be used to discover what a witness or party will say and tie down the witness’s story. Second, they can be used to create testimony which can be used at trial. However, the ability to use a non-party deposition at trial differs between Texas state and federal courts, a distinction which can be important into an attorney’s trial preparation.

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Lessons from Lockdown

06/22/21

Do you remember where you were when you learned that Covid was going to change your life? I was sitting in my office. A week or so before, the Mayor cancelled the South by Southwest Festival and everyone thought he had lost his mind. Then out of the blue came the news that we would have to close the office starting the following Monday. That was in mid-March 2020.

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Maryland Bankruptcy Court Opinion Shows Difficulty of Applying Arbitration in Bankruptcy Setting

06/10/21

Bankruptcy and arbitration are both intended to provide a quick and relatively efficient resolution to disputes between a debtor and his creditors. Both allow adjudication without a jury. Both systems should be able to move more swiftly than a court of general jurisdiction because there are no competing priorities, such as in criminal cases subject to the requirement of a speedy trial.

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