Professional Compensation/Fees

Courts Split on Paying Chapter 13 Trustee Fees in Cases Dismissed Before Confirmation

Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.

Fifth Circuit Upholds Constitutionality of Increase in U.S. Trustee Fees

Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.

California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders

Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.

Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.

Undisclosed Fee Sharing Results in Disqualification and Disgorgement in Delaware

Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement

Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

Trustee Ordered to Disgorge Fees for Failing to Pay the U.S. Trustee’s Fees

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

Disclosure Requirements for Reorganization Consultants Under the Bankruptcy Code

Benchnotes October 2020

Oct 2020

Effects in Bankruptcy Cases of Supreme Court Limitation of Nunc Pro Tunc Orders

Oct 2020