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Category Archives: Practice and Procedure



In an utterly absurd ethics opinion, on March 14 the Alabama State Bar’s ethics panel found that “mining” for metadata to locate confidential information in “electronic documents” constitutes professional misconduct.
Alabama essentially comes out and tells counsel to look the other way when faced with a document laden with metadata, to essentially keep the wrapper on […]



In the recent case of In re Rice, 2007 WL 781893 (Bkrtcy. E.D.Pa. 2007) the Chapter 7 debtor claimed her 2000 Mitsubishi Galant, secured by a loan from National Auto Finance Company, as exempt pursuant to 11 U.S.C. § 522(d)(2) and (5). The Debtor filed a Statement of Intention asserting that the car was […]



Chuck Newton over at StayViolation.com pointed me over to a study on how much bankruptcy lawyers charge on an hourly basis.  These figures are instructive if for no other reason that when litigating a stay or discharge case you can tell how much is considered “reasonable attorney fees” when computing damages.

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A Guest Post by Ronald L. Burdge, Dayton, Ohio
A pair of young lawyers stopped by my office the other day, on their way back from court where the jury had just returned a verdict against them. The conversation naturally turned to a post mortem on the trial itself.
It was an autofraud case that boiled […]



In the case of In re Kirkland, 2007 WL 118107 (Bkrtcy.D.N.M. 2007) a proof of claim that was filed by B-Line LLC, an alleged assignee of credit card debt with no supporting documentation to demonstrate its amount or validity, or that the claimant was indeed an assignee. The Chapter 7 trustee objected to the […]