September 21, 2023
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
3rd Circuit, Delaware
September 07, 2023
What will become of the chapter 13 system if standing trustees must refund all fees collected in cases dismissed before confirmation? The answer is perhaps unexpected: Unsecured creditors in confirmed chapter 13 cases will pay the administrative expenses of cases that fail.
9th Circuit
September 06, 2023
Contesting the election of a chapter 7 trustee isn’t like defending a fee application, which Baker Botts held to be noncompensable.
3rd Circuit, Delaware
August 29, 2023
The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.
11th Circuit
August 28, 2023
With four circuits in agreement, the Supreme Court isn’t likely to grant cert to rule on whether chapter 11 debtors are entitled to refunds for overpayment of U.S. Trustees fees that were held unconstitutional in Siegel.
9th Circuit
July 25, 2023
Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.
9th Circuit
July 19, 2023
A trustee’s commissions can’t be based on a percentage of disbursements to the trustee’s own counsel, so says a New Jersey district judge.
3rd Circuit, New Jersey
June 28, 2023
The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.
11th Circuit
