February 03, 2022
Trustee’s Counsel Is Paid Only for Services Requiring Legal Expertise
A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
5th CircuitJanuary 28, 2022
‘13’ Trustees Are Paid Even if Dismissal Comes Before Confirmation, District Judge Says
A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.
2nd Circuit, New York, New York Eastern DistrictJanuary 20, 2022
Eleventh Circuit Takes Sides on Circuit Split by Upholding the 2018 Increase in U.S. Trustee Fees
On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.
11th CircuitJanuary 12, 2022
Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees
The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.
Supreme CourtDecember 30, 2021
May Accountants Limit Liability for Professional Malpractice? Stay Tuned
New Jersey judge says that professionals may not be able to limit liability when malpractice is more than mere negligence.
3rd Circuit, New JerseyDecember 29, 2021
Although Unusual, Postpetition Retainers Are Permissible, Chicago Judge Says
The possibility that interim compensation allowances can be disgorged means that counsel won’t have an undue advantage over other administrative creditors, Judge Cleary says.
7th Circuit, Illinois, Illinois Northern DistrictDecember 13, 2021
On a Split, District Judge Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.
10th Circuit, ColoradoDecember 09, 2021
Government Urges Supreme Court to Review Constitutionality of the 2018 Increase in U.S. Trustee Fees
The U.S. Solicitor General wants the Supreme Court to resolve a circuit split and decide whether the increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with bankruptcy administrators.
Supreme CourtDecember 07, 2021
Judge Tells ‘13’ Debtors’ Counsel How to Write their Retention Agreements
Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.
10th Circuit, New MexicoOctober 25, 2021
Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal
The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.
10th Circuit, Oklahoma, Oklahoma Western District