Trustee liability: is there enough protection for these "arms of the court?" (bankruptcy trustees)

Article Abstract:

Efficient administration of justice in the bankruptcy courts would be more likely with the elimination of a negligence standard applied to trustees in bankruptcy. The number of qualified trustee candidates may diminish if trustees are not subject to the weaker standard of personal liability for harm resulting from deliberate or willful acts. Courts have inconsistently applied the principles of trustee liability set forth by the US Supreme Court in Mosser v. Darrow.

Liability (Law), Legal liability, Bankruptcy trustees

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Deciphering conflicts of interest in bankruptcy representation: an update

Article Abstract:

An update of the conflicts of interest rules applying to the retention of bankruptcy attorneys is given. The Bankruptcy Code prohibits certain conflicts from being waived that a client could waive after full disclosure in other legal contexts. The application of conflicts-of-interest rules to the current and former representation of secured and unsecured creditors is discussed.

Conflict of interests (Attorneys), Conflicts of interest (Lawyers)

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Intentional torts and bankruptcy: an evaluation of Geiger v. Kawaauhau

Article Abstract:

The author outlines the debate over application of section 523(a)(6) of the Bankruptcy Code, limiting debt discharge for willful and malicious injury by the debtor to another party. The potential effect of the Geiger v. Kawaauhau bankruptcy case on tort law is discussed.

Exemplary damages, Punitive damages

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