October 06, 2017

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.

D.C. Circuit, District of Columbia

October 05, 2017

No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation

With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.

October 04, 2017

Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s

Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.

5th Circuit, Louisiana, Louisiana Western District

September 25, 2017

Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware

Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.

10th Circuit, New Mexico

September 21, 2017

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit, New York, New York Southern District

September 18, 2017

Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping

Priority skipping permitted as part of final approval of DIP financing.

3rd Circuit, Delaware

August 30, 2017

Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien

Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.

2nd Circuit, New York, New York Southern District

August 09, 2017

‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’

Case shows why gift plans and structured dismissals demand a different analysis.

3rd Circuit, Delaware

August 01, 2017

An Allowance of Compensation Is Not a Money Judgment, Judge Teel Holds

Decision shows why fee awards are difficult to collect after dismissal.

D.C. Circuit, District of Columbia

July 19, 2017

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

3rd Circuit, Delaware