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US Supreme Court on Justice Holmes’ 169th B-day Holds in Milavetz that the Bankruptcy Code’s Speech Restrictions on Attorneys Do Not Turn Them into…

Back in the good old days when bashing BAPCPA was in vogue, I posited here that BAPCPA’s “debt relief agency” provisions “look more like an effort to create a consumer bankruptcy lawyer clone who, much like the ever-multiplying Agent Smith from The Matrix-R

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What’s New in the Legal Information World: Lexis for Microsoft Office

This year’s Legal Tech is proving to be the hotspot of excitement in the world of legal information. LexisNexis announced a partnership with Microsoft to put legal research right at your fingertips, in the applications many of us use most. ABA Journal.com &nbs

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Treatment of IP Licenses in Bankruptcy: Advance Preview of My PLI Seminar Outline

The best thing about tight deadlines is the moment they finally come to an end. My latest race against time was to complete this 50 page outline (including appendices) for a Practicing Law Institute (PLI) presentation, entitled Treatment of IP Licenses in Bankruptcy , that I’m

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Recent Law School Grad? Open a Bankruptcy Practice!

With the economy still reeling from the financial crisis and unemployment at over 10%, bankruptcy is one area of the law that is not suffering. Sure, the economy will recover eventually, but that does not mean that the need for bankruptcy attorneys will disappear. Some of the rea

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US Supreme Court Drops Bombshell "Summary Disposition" Vacating 2d Circuit’s Chrysler Decision

Hard to ignore today’s bombshell summary disposition by the US Supreme Court today on the Indiana Pension Funds’ appeal of the Second Circuit’s decision in Chrysler (see earlier discussion of case here ). Clearly, however, the Court’s six line summary disposition tossing the

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Number of Prepackaged Bankruptcy Filings Tripled in 2009

According to an analysis from BankruptcyData.com , the number of prepackaged bankruptcy filings has tripled in the past year. There were 30 such filings in 2009, as compared to only 10 in 2008. In a prepackaged bankruptcy, the debtors and certain required majorities of each class o

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Arguments Presented To U.S. Supreme Court On Student Loan Debt Discharge Procedure

WASHINGTON, D.C. — A student loan agency told the U.S. Supreme Court Dec. 1, that allowing debtors to discharge their student loan debts by “mere declaration opens the door to recategorizing every category of non-dischargeable debt,” ( United Student Aid Funds Inc. v. Francisco J

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U.S. Supreme Court Hears Argument On Question Of Attorneys As Debt Relief Agencies

WASHINGTON, D.C. — An attorney representing a law firm which contends federal bankruptcy law is unconstitutional on Dec. 1 told the U.S. Supreme Court that the law “proscribes truthful information about entirely lawful activity,” and “creates an impossible situation”

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2 Personal Bankruptcy Cases To Be Heard At U.S. Supreme Court Today

The U.S. Supreme Court was slated to hear 2 separate cases involving personal bankruptcy issues today. The first case, United States of America v. Milavetz, Gallop & Milavetz , challenges the constitutionality of the Bankruptcy Abuse Prevention and Consumer Protection Ac

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Voyage of the Damned: The GM Tort Claimants’ Opening Appellate Brief — Brother, Can You Spare a Quarter?

What started out a couple months ago as a ” Slow Boat to China ,” today feels more like the ” Voyage of the Damned .” Yesterday I filed this ” Opening Brief ” (plus the Sale Opinion at Appendix A and the Sale Order and MPA at Appendix B ) on behalf of m

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