January 19, 2018

Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.

5th Circuit

January 12, 2018

Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says

Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.

2nd Circuit, Vermont

December 06, 2017

Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation

Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.

11th Circuit

December 04, 2017

Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel

Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.

9th Circuit, California, California Eastern District

November 17, 2017

No Statute of Limitations for Suing on a Trustee’s Surety Bond

Removing and discharging a trustee are not synonymous, Houston judge rules.

5th Circuit, Texas, Texas Southern District

November 01, 2017

Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders

Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.

Supreme Court

October 20, 2017

First Circuit Narrowly Defines Fiduciaries Who Are Prohibited Buyers of Estate Assets

First Circuit narrowly applies equitable mootness in a receivership sale.

1st Circuit

October 16, 2017

ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement

Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.

5th Circuit, Texas, Texas Western District

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.