March 20, 2017

Indenture Trustee’s Counsel Fees Are Measured by a Different Standard

Indenture trustee’s fees to defend fees are compensable despite Baker Botts.

3rd Circuit, Delaware

March 06, 2017

Paying a Retainer by Credit Card Does Not by Itself Violate Section 526(a)(4)

Judge ok’s scheme sticking a credit card lender with the retainer for the debtor’s lawyer.

January 24, 2017

Litigation Funding Could Be Champertous in Some States

Financing litigation is champertous if the lender exercises control.

4th Circuit, North Carolina, North Carolina Western District

January 23, 2017

Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders

Judge Erik Kimball explains why retainers are free of lenders’ liens.

11th Circuit, Florida, Florida Southern District

January 10, 2017

Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed

Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.

3rd Circuit, Delaware

October 31, 2016

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

11th Circuit, Florida, Florida Middle District

July 28, 2016

Award of Attorneys’ Fees to the Government Is a Dischargeable Debt

Section 523(a)(7) interpreted narrowly in a fee-shifting dispute.

6th Circuit, Michigan, Michigan Eastern District

July 11, 2016

Chapter 7 Debtors’ Access to Counsel Threatened by B.A.P. Opinion

Ninth Circuit B.A.P. highlights discrimination against chapter 7 debtors.

9th Circuit

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit, Illinois, Illinois Northern District

February 03, 2016

Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees

Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.

3rd Circuit, Delaware