October 15, 2021
Supreme Court Update: Equitable Mootness Not Ready for Prime Time
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
Supreme CourtOctober 13, 2021
Bifurcated Fee Arrangements Barred in Western District of Kentucky
Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.
6th Circuit, Kentucky, Kentucky Western DistrictOctober 08, 2021
Supreme Court Likely to Tackle 2018 U.S. Trustee Fee Increase
The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.
10th CircuitAugust 04, 2021
Chapter 13 Trustees Are Paid Even if Dismissal Comes Before Confirmation, BAP Says
The Ninth Circuit BAP joins the minority on an issue that’s headed for the court of appeals.
9th CircuitJuly 21, 2021
Circuit Split on U.S. Trustee Fees Likely Won’t Reach the Supreme Court Until Fall 2022
Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.
6th Circuit, Ohio, Ohio Southern DistrictJuly 15, 2021
Fees Benefiting Only the Debtor — and Not the Estate — Are Compensable in Chapter 13
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
5th Circuit, Texas, Texas Northern DistrictJuly 07, 2021
Contingency Fees Under a Trust Indenture May Not Result in a Claim, Judge Shannon Says
A standard provision in a trust indenture meant no recovery for the indenture trustee’s attorneys.
3rd Circuit, DelawareJune 25, 2021
Eighth Circuit BAP Approves the Amount of Bifurcated Fees Paid After Filing
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
8th CircuitJune 21, 2021
Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
11th Circuit, Florida, Florida Southern DistrictJune 16, 2021
Acevedo Doesn’t Bar Compensation for Services Before Entry of a Retention Order
So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.
9th Circuit, California, California Central District