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ABI Journal

June 02, 2022

Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements

Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.

8th Circuit, Minnesota

May 25, 2022

In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says

Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.

9th Circuit

May 20, 2022

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

2nd Circuit

May 16, 2022

Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says

Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.

10th Circuit, Colorado

April 30, 2022

Bankruptcy Courts Have ‘Core’ Power to Order Fee Disgorgement, Third Circuit Says

Being seen at bar events in the company of those who appear in court doesn’t show judicial bias.

3rd Circuit

April 20, 2022

Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees

At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.

Supreme Court

April 01, 2022

Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’

Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.

3rd Circuit, Delaware

March 22, 2022

The Concept of Bifurcated Fee Agreements Approved on Appeal in South Carolina

Reversing the bankruptcy court, the district court decided that a local rule did not bar bifurcated fee arrangements altogether.

4th Circuit, South Carolina

March 03, 2022

Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom

No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.

2nd Circuit, New York, New York Eastern District

February 15, 2022

District Court Says Chapter 13 Trustee Is Paid Even if Dismissal Precedes Confirmation

District judge in Idaho finds no ambiguity in a statute that doesn’t explicitly say whether a chapter 13 trustee is paid if the case is dismissed before confirmation.

9th Circuit