April 28, 2025
Debtors’ Lawyer Has No 7th Amendment Right to Sue for Post-Petition Fees, Circuit Says
The debtors’ inequitable conduct didn’t relieve counsel of the duty to disclose fees charged for post-petition litigation.
3rd CircuitApril 16, 2025
In Sub V, No Compensation for a Rehearing Motion Contrary to Circuit Authority
After the court had denied contract assumption, there was no compensation for keeping assumption alive pending appeal.
9th Circuit, California, California Eastern DistrictApril 14, 2025
The Fate of Jackson Walker Is Now in the Hands of a District Judge from Another District
The district judge who excoriated Jackson Walker in a decision last year will now decide whether the firm must disgorge what it was paid in dozens of large chapter 11 cases.
5th Circuit, Texas, Texas Southern DistrictApril 02, 2025
A Contempt Sanction Is Not a ‘Money Judgment’ and Doesn’t Require Writ of Execution
A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).
2nd Circuit, New York, New York Southern DistrictMarch 20, 2025
Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions
Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).
6th Circuit, Ohio, Ohio Southern DistrictMarch 04, 2025
For an Individual Chapter 11 Debtor, the Usual Retention Rules Don’t Always Apply
When retention benefits the chapter 11 debtor individually but not the estate, Bankruptcy Judge Christopher Bradley believes that compensation is not subject to approval under Section 330.
5th Circuit, Texas, Texas Western DistrictFebruary 05, 2025
‘Evergreen’ Retainers Are Ok Only in ‘Exceptional’ Sub V Cases, Judge Gunn Says
Washington, D.C.’s Judge Gunn describes the procedures to employ for approval and operation of an ‘evergreen’ retainer in chapter 11.
D.C. CircuitJanuary 23, 2025
Fourth Circuit Upholds a $31 Million Default Judgment for Discovery Abuses
Long Island’s Judge Grossman warns lawyers that they may be paid nothing if they file chapter 11 cases just to delay a secured creditor, with no legitimate strategy for selling the property, refinancing or confirming a plan.
4th CircuitJanuary 22, 2025
Denial of $21 Million in Fees for Boy Scouts Ad Hoc Committee Upheld on Appeal
Delaware district court rules that debtors and trustees alone have standing to propose spending estate money outside of the ‘ordinary course.’
3rd Circuit, DelawareJanuary 17, 2025
The Client’s Business Judgment Held to Justify a ‘Discretionary’ Fee Award
A district court in New Jersey says that a discretionary fee award is neither a bonus nor an enhancement.
3rd Circuit, New Jersey