By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...
From the Editor – Debtor’s Attorney and Other Professionals
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By The Honorable William Houston Brown (Retired)
Post-discharge proceeding to enforce contempt and sanctions order against debtor’s attorney is core. The Fifth Circuit had previously affirmed a sanctions order finding the debtor’s attorney to have abused discovery and requiring payment of $5,000 to an appealing party, In re White-Robinson, 551 Fed.Appx. 121(5th Cir. 2014), cert. denied, 135 S.Ct. 76 (2014). While that appeal was pending, the attorney did not pay the unstayed sanction, and the Circuit now held that the contempt proceeding to enforce the sanctions . . .
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