May 26, 2020

Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)

Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’

5th Circuit, Texas, Texas Southern District

May 21, 2020

Judge Shefferly Confines Viegelahn to Its Facts

If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.

6th Circuit, Michigan, Michigan Eastern District

May 20, 2020

Tenth Circuit Strictly Reads Section 326(a) Regarding a Trustee’s Right to Compensation

Successful liquidation doesn’t automatically mean maximum compensation.

10th Circuit

April 07, 2020

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

10th Circuit, Colorado

February 28, 2020

No Fees for a Chapter 13 Trustee in a Case Dismissed Before Confirmation

Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.

9th Circuit, Idaho

January 30, 2020

Another Court Approves an Arrangement for Paying Most Chapter 7 Fees After Filing

Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.

6th Circuit, Kentucky, Kentucky Eastern District

October 10, 2019

Failure to Raise a Stern Objection Violates a Lawyer’s Standard of Care

The lawyer whose waiver led to Wellness International avoided malpractice by the skin of his teeth.

7th Circuit, Illinois, Illinois Northern District

October 07, 2019

Debtors’ Attorneys Are Paid in Chapter 13 Before Secured Creditors

Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.

7th Circuit, Indiana, Indiana Southern District

May 23, 2019

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees

Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.

10th Circuit, Oklahoma, Oklahoma Western District

May 15, 2019

Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s

Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.

5th Circuit