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ABI Journal

February 12, 2024

Bankruptcy Judge Chops a Fully Secured Lender’s Fee Request by 60%

A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.

10th Circuit, Colorado

January 31, 2024

Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing

Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.

3rd Circuit, Pennsylvania, Pennsylvania Western District

January 29, 2024

Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses

The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.

9th Circuit, Oregon

January 17, 2024

Reference Withdrawal on Houston Ethics Probe Pits UST Against Bankruptcy Judge

Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.

5th Circuit, Texas, Texas Southern District

January 16, 2024

Supreme Court Seems Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees

Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.

Supreme Court

January 12, 2024

Lender’s Attorneys Paid Twice the Debtor’s Counsel Fees

Unnecessarily holding the lender’s feet to the fire resulted in the allowance of attorneys’ fees to the lender that were twice the debtor’s counsel fees.

5th Circuit, Texas, Texas Western District

January 03, 2024

U.S. Trustee Rebuffed in Objecting to Rates Higher than Local Rates

‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).

5th Circuit, Mississippi, Mississippi Northern District

January 02, 2024

BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases

The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.

9th Circuit

November 21, 2023

Actual Damages Not Required to Recover Attorneys’ Fees for a Stay Violation

Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.

3rd Circuit, Delaware

September 29, 2023

Supreme Court Grants ‘Cert’ to Rule on Refunds for Overpayment of U.S. Trustee Fees

The Supreme Court will hear two bankruptcy cases in the new term: nondebtor releases, and refunds for overpayment of U.S. Trustee fees.

Supreme Court