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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...

Madoff’s Feeder Funds: What’s Happening with Merkin?

Perhaps no feeder funds to Bernard Madoff are more well known than those run by J. Ezra Merkin. Five years after the fall of Madoff, the actions by Madoff Trustee Irving Picard and his primary counsel, Baker & Hostetler LLP, against Merkin and his entities continue to take up a significant amount...

Litigation against the Madoff Family: Where Is It Today?

Of all the lawsuits brought against people allegedly involved in the Madoff Ponzi scheme, perhaps none are of as much interest as the actions involving Madoff family members. The most recent request for fees filed by Baker & Hostetler (B&H) explains the status of these cases. Note that references...