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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 Ruthless Drones

by admin | Mon, 03/08/2010 - 20:36

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

Please "Follow Me on Twitter"

by admin | Sun, 03/07/2010 - 01:38

Listening to Kevin O'Keefe at the Emory Symposium describe twittering as perhaps the most important branding tool since the advent of television (an obvious exaggeration, but point taken), I decided to finally start Twittering as a complement to blogging.  I started this blog in 2005

Legal Ethics and Web 2.0: Revisiting the "Law of the Horse"

by admin | Fri, 03/05/2010 - 01:11

Thanks to Emory University Law School, host of the 7th Annual Symposium of the Bankruptcy Developments Journal, for generously sponsoring my trip to Atlanta yesterday to participate in a panel discussion, moderated by my friend Mark Duedall, entitled Ethi

Cathy Vance, Resident Guru, Calls Expansive Invocation of the In Pari Delicto Defense a "Jurisprudential House of Cards"

by admin | Wed, 01/13/2010 - 22:48

Whatever you may think about the fact that Refco's outside corporate counsel, Joe Collins, was convicted on 5 criminal counts and sentenced today to 7 years in prison, one has to wonder how the system got so turned upside down on the civil side that while the law firm's lead lawyer is torched in crimi

3d Circuit Further Explains the Limited Scope of a Bankruptcy Court's Subject Matter Jurisdiction

by admin | Mon, 01/11/2010 - 01:22

[1/13/10 Update:  Thanks to Steve Sather from A Texas Bankruptcy Lawyer's Blog for his comment below.  In his post today, he discusses in greater length the opinion of Judge Edith Jones in holding that "related to" jurisdiction exists over a non-debtor dispute if

Surviving with Dignity - Part II: My Father's Reflections on the Holocaust, Pre-War Poland, and a Life Rebuilt from the Ashes

by admin | Thu, 12/24/2009 - 12:28

[12/29/09 Update:  Be sure to read Tony Prada's comment at the end of the post. His initial thought, he wrote, was to move on to the next blog but once he started, he "became engulfed with the memoirs" and his "normal 5 minute stop at the blog morphed into 3 hours."  Tony shared with us some very important "takeaway" messages that I commend to you.]

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

by admin | Thu, 12/17/2009 - 04:19

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 delivering next