March 17, 2020

Judge Finds a Workaround to Avoid Using Nunc Pro Tunc Retentions

Judge Grossman finds a way to grant allowances of compensation for services performed before the entry of a retention order.

2nd Circuit, New York, New York Eastern District

January 14, 2020

Delaware Judge Upholds U.S. Trustee Fee Increase in Pending Cases

Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.

3rd Circuit, Delaware

August 28, 2019

Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive

Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.

5th Circuit

August 01, 2019

Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims

Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.

5th Circuit

July 19, 2019

Increased U.S. Trustee Fees Stick to ‘Revolvers’ but Not to Pending Cases

Seventh Circuit reverses and imposes the U.S. Trustee fee on ‘revolver sweeps,’ but Judge Huennekens rules that the fee increase violates two clauses in the Constitution.

7th Circuit

May 15, 2019

Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s

Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.

5th Circuit

March 11, 2019

A Pension Withdrawal Claim Arises Before Withdrawal Occurs, Manhattan Judge Says

Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.

2nd Circuit, New York, New York Southern District

March 08, 2019

Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules

Sanctions weren’t justified for attempting to collect a time-barred tax claim.

6th Circuit

February 15, 2019

Another Court Strikes Down Higher U.S. Trustee Fees in Some Cases

A crisis befalls smaller companies that can’t afford the huge increase in U.S. Trustee fees.

5th Circuit, Texas, Texas Western District

January 08, 2019

Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7

The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.

6th Circuit