In what is a very interesting, and one of first impression, the 9th Circuit Court of Appeals upheld a ruling finding that a provider of web based bankruptcy preparation software to consumers violated the Bankruptcy Code provisions regulating bankruptcy preparers.
Continue reading "Non-Lawyer Found To Have Violated Bankruptcy Code For Providing Web Based Bankruptcy Software To The Public" »
We all remember those obnoxious Enron ads on TV in which behind the crooked "E" logo the announcer kept repeating "why? why? why?" This was played by some with great satisfaction after Enron filed bankruptcy and its executives were indicted.
Continue reading "Why Does Not Matter" »
Law school tries to teach you spin. Big Law tries to teach you to
make a ridiculous argument while keeping a straight face. It is done
by taking two disparate facts or terms or precedents, and combining
them to draw a desperate conclusion. In my line of work I am
confronted with this tactic every single day. My typical reaction is
that I am either so stupid that I am missing something or the other
side is just crazy. The truth of the matter is that neither conclusion
is true. I know better. The court knows better. For that matter, the
other side knows better. (I think). The other side is just
desperate to find a claim or defense. The problem is that under Rule
11 of the Federal Rules, and various state rules, this is probably
sanctionable conduct.
Continue reading "1 + 1 = 1 ?" »
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