The Delaware Rules of Professional Conduct (“RPC”) impute any individual lawyer’s conflict to all lawyers in a firm. If any individual lawyer has a conflict all attorneys in that lawyer’s
Continue Reading A Step by Step Process To implement a Proper Screen to Prevent Disqualification Which Would Otherwise Result From a Lateral’s ConflictsUncategorized
Standard Conflict Waivers May Not Be Sufficient In A Swiss Verein Structure
By Michael Temin on
By Michael L. Temin and Martha B. Chovanes
A Swiss verein is a formal legal structure recognized under Swiss law, akin to a voluntary association under U.S. law. Several U.S.
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The Circuit City Landmine (Siegel v. Fitzgerald): Supremes Declare Bankruptcy Fee Hike Under United States Trustee Program Unconstitutional –What Happens Next?
By Keith C. Owens on
By: Keith C. Owens
While it is becoming increasingly rare for the Supreme Court to speak with a singular voice on virtually anything these days, bankruptcy provides a rare exception.…
Continue Reading The Circuit City Landmine (Siegel v. Fitzgerald): Supremes Declare Bankruptcy Fee Hike Under United States Trustee Program Unconstitutional –What Happens Next?Is a Postpetition Non-bankruptcy Court Order a Violation of the Automatic Stay?: The Ninth Circuit Bankruptcy Appellate Panel Provides Clarity in Recent Holding
By Zach Williams & Keith C. Owens on
By: Zach Williams, Associate, Fox Rothschild LLP (Las Vegas, NV)
On April 5, 2022, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) published an opinion, Censo, LLC v. Newrez, …
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City of Chicago v. Fulton Applied to Prepetition Garnishment
By Michael Temin on
The City of Chicago impounded vehicles for nonpayment of fines. When the owners filed chapter 13 cases and requested that the city return their vehicles, the city refused. The bankruptcy…
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When values become stale: valuation of collateral in bankruptcy proceedings – In re S-Tek 1, LLC, a case study
By Keith C. Owens on
The Bankruptcy Code contemplates the valuation of a secured creditor’s collateral for a variety of purposes at different stages of a bankruptcy case. While title 11 of the United States…
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Bifurcated Fee Agreements Approved in Southern District of Florida, But Barred in Western District of Kentucky
By Michael Temin on
The United States Supreme Court ruled that 11 U.S.C. § 330(a)(1) does not authorize compensation to debtors’ attorneys from estate funds. Lamie v. U.S. Trustee, 540 U.S. 1023 (2004). A…
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COMPLIANCE WITH OFFICIAL BANKRUPTCY FORM 105 SATISFIES ASHCROFT V. IQBAL
By Michael Temin on
Section 11 of Official Bankruptcy Form 105, Involuntary Petition Against an Individual, provides:
Allegation
Each petitioner is eligible to file this petition under 11 U.S.C. § 303(b).
The debtor may
…
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You Have to Follow the Rules: The Importance of Adhering to Bankruptcy Rule 2002 When Serving Claims Bar Date Notices
By Michael Temin on
A Delaware bankruptcy court recently held that the bar date for filing proofs of claim cannot be enforced against a creditor if the notice of the bar date was not…
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Fox Attorneys Take a Look at Supply Chain Issues
By Michael R. Herz on
Among the potential prolonged impacts of the COVID-19 pandemic is the interruption to supply chains throughout several critical industries. As a result, prices have increased as various goods and materials…
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