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The 9th Circuit's Interpretation of Inherent Power to Sanction Attorneys

Bankruptcy courts have broad authority to discipline attorneys pursuant to their inherent sanction power. In the recent Price v. Lehtinen (In re Lehtinen) decision, the Ninth Circuit stated that bankruptcy courts can exercise their inherent power to sanction attorneys in any way that is not punitive...

In re North Shore Hematology-Oncology Associates, 400 B.R. 7 (Bankr. E.D.N.Y. 2008)

A Bankruptcy Court Will Not Appoint a Healthcare Ombudsman Without Evidence of Patients' Dire Circumstances In re North Shore Hematology-Oncology Associates held that appointment of a healthcare ombudsman is not necessary unless patients' rights to quality care and privacy have already been...

A Reality TV Person Lies? Really…

Imagine the shock when the "star" of reality series Desperate Housewives of New Jersey found out that to lie in your bankruptcy is a federal crime and can result in having your discharge (the flushing of all the debts) denied altogether. A court-appointed trustee has accused the bankrupt...

Ninth Circuit BAP Finds Wells Fargo Freeze Policy Violates Automatic Stay

Breaking with judges in Texas and New Mexico, the Ninth Circuit Bankruptcy Appellate Panel has found that an administrative freeze policy utilized by Wells Fargo Bank violates the automatic stay. No. 09-1408, Mwangi v. Wells Fargo Bank, N.A. (Ninth Cir. BAP 6/30/10). The opinion can be found here .(PACER...

Loss Mitigation Programs in Bankruptcy Court

by Hon. Cecelia G. Morris This Emerging Issues Analysis addresses Loss Mitigation Programs. On January 9, 2009, the Loss Mitigation Program Procedures went into effect in the U.S. Bankruptcy Court for the Southern District of New York, setting a court-supervised process in which debtors and holders...

The Leif and Times of Judge Clark (Pt. One)

Twenty-five years ago, the Fifth Circuit appointed a former Lutheran minister who had been licensed a scant seven years to the bankruptcy bench in San Antonio. With the retirement of Judge Leif M. Clark on October 20, 2012, another long-serving Western District judge has moved on to a new stage of...