October 01, 2018

Disgorgement by Professionals Is Not Required in an Administrative Insolvency

Jevic doesn’t mandate forcing professionals to disgorge interim allowances to achieve a pro rata distribution to administrative claimants in an administrative insolvency.

7th Circuit, Indiana, Indiana Southern District

September 24, 2018

Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13

Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.

1st Circuit, Massachusetts

July 31, 2018

Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal

Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.

9th Circuit

July 26, 2018

Specific Request Required for ‘Admin’ Claim after Contract Rejection

A creditor’s expenses in removing its equipment after contract rejection is not entitled to administrative status.

5th Circuit, Louisiana, Louisiana Eastern District

July 12, 2018

Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit

Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).

9th Circuit

June 26, 2018

Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation

Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.

9th Circuit, Arizona

May 23, 2018

New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.

3rd Circuit, Delaware

May 10, 2018

Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.

9th Circuit

May 01, 2018

Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says

An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.

9th Circuit

April 20, 2018

Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana

Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.

5th Circuit, Louisiana, Louisiana Western District