January 16, 2025
Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
5th CircuitNovember 21, 2024
Jackson Walker May Depose the U.S. Trustee in the Fee Dispute over Nondisclosure
The bankruptcy judge in Houston denied the U.S. Trustee’s motion to quash deposition subpoenas in the fight over disgorgement of fees for failure to disclose an allegedly close relationship between the judge and a firm lawyer.
5th Circuit, Texas, Texas Southern DistrictNovember 20, 2024
BAP Rejects Due Process Attack for Denial of ‘13’ Trustee Fees on Dismissal
Ninth Circuit BAP says there is no due process problem with denial of chapter 13 trustee fees if dismissal precedes confirmation.
9th CircuitOctober 21, 2024
Trustees’ Commissions Are Based on Distributions Made to Co-Owners of Property Sold
Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.
4th Circuit, MarylandAugust 08, 2024
Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
1st CircuitAugust 02, 2024
Split Fourth Circuit Panel Bars Use of Equity to Correct an Oversight in Retention
The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).
4th CircuitJuly 10, 2024
A Partial Ethical Wall Didn’t Give Rise to Disinterestedness, Judge Kenney Said
Expedience is no substitute for disinterestedness when it comes to retention of a chapter 11 debtor’s general counsel.
4th Circuit, Virginia, Virginia Eastern DistrictJune 17, 2024
No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees, Supreme Court Rules
Saying that the constitutional infirmity was “small” and “short-lived,” the majority decided that prospective relief was enough because Congress subsequently enacted a law mandating uniformity in the future with regard to fees for U.S. Trustees and Bankruptcy Administrators
Supreme CourtJune 05, 2024
Concurrent Representation of a Major Creditor/Shareholder Is/Isn’t Disqualifying
Concurrent representation of a 43% shareholder was disqualifying while representing a creditor with 79% of the debt did not disqualify.
3rd Circuit, New JerseyJune 04, 2024
What Are ‘7’ Trustees Paid When the Case Converts to ‘13’ Before Distributions?
Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.
10th Circuit, New Mexico