On the New Forms

Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

July 17, 2022

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto...

Members

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Cathy Moran

February 13, 2022

When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...

Members

Critical Case Comment–Sex, Lies and the Barton Doctrine

Henry E. Hildebrand, III

March 27, 2022

The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent. (Clarkson) In re Eagan Avenatti, LLP, 2022 WL 630332 (Bankr. C.D. Cal. March 3, 2022) Case Summary Eagan Avenatti, LLP, was the California law firm of the somewhat...

Members

Sua Sponte Sanctions Held to Higher Standard

Cathy Moran

January 14, 2024

9th Cir. BAP erected high bar for sanctions. And, interestingly, at the heart of the BAP’s decision was the very fact that BAP decisions are not binding.

Members

A Fireside Chat with Dr. ChatGPT – Hallucinations

Jan Hamilton

March 8, 2026

Emeritus Trustee Jan Hamilton has embarked on a new exploration of artificial intelligence. This week, he “speaks” with Dr. ChatGPT about what constitutes a “hallucination” in the context of legal citations and how such errors arise.

Members

Is That AI in Your Inbox or Are You Just Happy to Paste Me?

Jen Lee

March 30, 2025

“Remember when humans used to write their own content? Yeah, me neither. Now we're stuck reading emails, posts, and articles clearly pumped straight out of ChatGPT with zero editing…and horrible formatting.”

Members

NDC Small Sponsorship Program

The Academy

August 24, 2025

The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.

Thinking About the “Two-Dismissal Rule”

M. Jonathan Hayes

November 3, 2024

“I had a profound thought - what in the world is the two-dismissal rule? I guess the 9th Circuit wondered the same thing because it affirmed . . . bankruptcy court’s dismissal of a debtor’s declaratory relief complaint against a bank on the basis that the debtor had previously filed three other cases and then voluntarily dismissed them.”

Generative A.I. – Be Afraid, Be Very Afraid

Naliko Markel

October 22, 2023

“ . . . next leap: Generative A.I. learns everything there is to know about you from your public social media presence and crafts phishing attacks unique to YOU.”

Members

Final Boot Camp Farewell

Max Gardner

April 5, 2026

A very special letter from Max himself, “To all my Boot Camp Grads and fellow bankruptcy attorneys.” And we adore you, Max.

Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Critical Case Comment–Sex, Lies and the Barton Doctrine

Sua Sponte Sanctions Held to Higher Standard

A Fireside Chat with Dr. ChatGPT – Hallucinations

Is That AI in Your Inbox or Are You Just Happy to Paste Me?

NDC Small Sponsorship Program

Thinking About the “Two-Dismissal Rule”

Generative A.I. – Be Afraid, Be Very Afraid

Final Boot Camp Farewell

On the New Forms

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