Kathy Bazoian Phelps
September 2014 Ponzi Scheme Roundup

Below is a summary of the activity reported for September 2014. The reported stories reflect: 4 guilty pleas or convictions in pending cases; over 239 years of newly imposed sentences for people involved in Ponzi schemes; at least 11 newly discovered...

Stephen Sather
The Short Case for Venue Reform

On October 8, I had the opportunity to debate venue reform at the National Conference of Bankruptcy Judges in Chicago. We had two excellent teams of debaters. Arguing for the pro-reform position were Prof. Samir Parikh, retired Bankruptcy Judge Leif Clark...

Stephen Sather
Judge Says "Over My Dead Body" to Trustee's Mediation Plans

The importance of alternate dispute resolution to resolve cases is enshrined in federal law, 28 U.S.C. § 651(a), and is encouraged by most judges. However, one bankruptcy judge recently told lawyers in a case that they would mediate “over my...

Tags: mediation
Stephen Sather
September's Bankruptcy and Related Decisions in the Fifth Circuit

The Fifth Circuit had several bankruptcy-related decisions during September. This month, it dealt with jury trials, mootness, subject matter jurisdiction, "quasi-estoppel" and the difference between civil and criminal contempt. Click on the...

Emerson Heffner
Supreme Court to Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees...

Stephen Sather
Both Sides Support Cert in Appeal of Order Denying Chapter 13 Plan

The Supreme Court may add another bankruptcy case to its agenda this term in a case where both the Petitioner and the Respondent support the grant of cert. No. 13-1416, Gordon v. Bank of America . The Petition can be found here and the Response in Support...