Bankruptcy Professional Malpractice

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Appellate Court Notes

- SC18975 - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Concurrence - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Dissent - Connecticut Ins. Guaranty Assn. v. Drown This started as a medical...more

Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor...more

New Jersey’s “Direct Action Statute” Is Not A Bar To Judgment Creditor’s Coverage Action

A New Jersey appellate court recently addressed that state’s “direct action statute,” concluding that it did not prevent judgment creditors from pursuing a coverage action arising out of an LMX reinsurance spiral. The...more

Limits of Expansive Protection of New York’s In Pari Delicto Defense

Whenever a company tumbles into bankruptcy following the discovery of its management’s financial misdeeds, firms that provided the company with accounting, legal, banking and financial advisory services should prepare to...more

New York’s Lichtenstein Decision Highlights Conflicts of a Carve-Out Guarantor

The recent New York case of Lichtenstein v. Willkie Farr addresses a borrower's conflict caused, in part, by a loan covenant. The covenant invoked personal liability of the members in the event the entity files a voluntary...more

Home Loan Modification Help FAQs from the State Bar of California

Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...more

Bill on Bankruptcy: Fee Agreement Puts Law Firm In Trustee's Sights [Video]

Jan. 9 (Bloomberg) -- Law firm Kaye Scholer LLP and financial advisor Capstone Advisory Group LLC are in the sights of a U.S. Trustee aiming to claw back $12 million for an undisclosed agreement to share fees awarded in...more

Want to hire a cheap lawyer, watch out! (Part 2)

If you are in decision making process of which attorney or law firm to hire, this post informs you of an important point that will help you make that decision. So before you engage that all important counsel, you should read...more

Resources for New Bankruptcy Practitioners

Important resources for lawyers who are new to the practice of bankruptcy....more

Protecting a Law Firm’s Crown Jewels

Here’s a real shocker for you: When a partner leaves a healthy law firm, he and his or her new firm can be required to return to his or her old law firm the profits made the cases he or she brings along. These obligations...more

Next Battlefield in Dewey Liquidation: Pursuing Breach of Fiduciary Duty Claims

Dewey & LeBoeuf’s inglorious galactic implosion changes all of the rules; it was not too big to fail, it was, however, far too big and corroded to fail in the relatively orderly way others before it failed. The next...more

What does it cost to file bankruptcy in Massachusetts (in attorney’s fees)?

If you are considering filing for bankruptcy and are curious what it costs or have received some quotes from bankruptcy attorneys and are making a decision on who to hire, this post is for you! Contact: George E....more

Failure To Determine Board Meeting Formalities Leads To Six Figure Court Sanctions Against Attorney

The fundamentals of corporate action can seem about as interesting as flossing. Yet, the failure to attend to either is likely to result in unpleasant consequences as one lawyer recently discovered in Winterton v. Humitech of...more

Can I keep an inherited IRA when I file for bankruptcy?

An inherited IRA has been treated differently by bankruptcy courts than IRA's held by the original owner. If you have inherited an IRA and wonder if you can keep it if you file for bankruptcy, or if you have any retirement...more

A Privilege, not a Right - Court of Appeal refuses to extend Privilege to Accountants and non-lawyers

Michael Axe reports on the implications of the English Court of Appeal's decision that confidential communications between clients and their accountants are not protected from disclosure by Legal Professional...more

Milavetz v. United States

Amicus Brief of National Association of Consumer Bankruptcy Attorneys, Connecticut Bar Association, Brennan Center for Justica and...

This brief amici curiae supporting Petitioners Milavetz, Gallop & Milavetz, P.A., et al., is filed by two bar associations (the Connecticut Bar Association (“CBA”) and the National Association of Consumer Bankruptcy...more

Milavetz v. United States

American Bar Association Amicus Brief in Support of Petitioners

Pursuant to Supreme Court Rule 37.3, the American Bar Association (ABA), as amicus curiae, respectfully submits this brief in support of Petitioner’s challenge to the constitutionality of the Bankruptcy Abuse Prevention and...more

Milavetz, Gallop & Milavetz v. United States

Brief for Petitioners

Petitioners Robert Milavetz and Barbara Nevin are attorneys who provide bankruptcy ad-vice and counseling to clients. They practice as part of petitioner law firm Mi-lavetz, Gallop, and Milavetz, P.A. Petitioners Ronald and...more

American Bar Association - Resolution by House of Delegates

Opposition to the Bankruptcy Abuse Prevention and Consumer Protection Act, P .L. 109-8 ("BAPCPA")

This is the Resolution that the American Bar Association House of Delegates unanimously passed on August 4, 2009. RESOLVED, that the American Bar Association opposes the provisions in the Bankruptcy Abuse Prevention and...more

Findley v. State Bar of California (In re Findley) (07-1187)

Attorney discipline cost awards are compensatory in nature and thus not excepted from discharge.

John Findley III is admitted to practice law in California. The State Bar of California (State Bar) prosecuted Findley for violations of the Rules of Professional Conduct based on a complaint made by his client. The State Bar...more

Bankruptcy and Professional Licenses

California bankruptcy attorney Carl H. Starrett II discusses the impact that bankruptcy can have on a debtor's professional license....more

Probate Trademarks- Death, Reincarnation, and Survival of IP rights

t was a dark and stormy night when the dame appeared in the doorway of Mark Trade,TM intellectual property investigator. Initial research by Guy Noir indicated there might have been a death under suspicious circumstances, but...more

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