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· 10/5/2015

Phan v. Beard

Citations

  • 136 S. Ct. 154
  • 193 L. Ed. 2d 115
  • 84 U.S.L.W. 3169
  • 2015 U.S. LEXIS 5803

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a “‘technical breach’ of the Code and Rules generally warrants a sanction far more lenient than full disgorgement and denial of all compensation.”
  • noting that even in cases involving willful disregard of disclosure obligations, some courts require partial—as opposed to full—disgorgement
  • providing comprehensive discussion of the application of discretion when dealing with noncompliance with provisions governing payment of compensation of bankruptcy professionals
  • sanctions appropriate for failure to disclose, but the appellate panel was “unable to determine on the present record whether the bankruptcy court abused its discretion [in imposing only a small sanction (as the district court found

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.