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 DistrictOctober 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 DistrictOctober 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 DistrictMay 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 DistrictMay 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 CircuitMay 03, 2019
A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees
Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.
6th Circuit, Kentucky, Kentucky Western DistrictApril 16, 2019
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
10th Circuit, UtahFebruary 12, 2019
Another Circuit Allows an Unsecured Claim for Contractual Attorneys’ Fees
The circuits agree, but the lower courts disagree, on the allowance of post-petition attorneys’ fees based on contract.
4th CircuitJanuary 08, 2019
Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
6th CircuitNovember 30, 2018
Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
6th Circuit