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November 17, 2020

Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.

November 06, 2020

Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.

October 19, 2020

Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.

October 13, 2020

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.

September 09, 2020

Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement

September 08, 2020

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

September 02, 2020

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

August 18, 2020

Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.

August 03, 2020

The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.

July 23, 2020

The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.