Section 328(c) and Rule 2014(a) Both Permit Denial of All Compensation
Undisclosed representation of the debtor’s principal resulted in denial of all compensation sought by counsel for the corporate debtor.
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Bankruptcy Code
Special Counsel with an Actual Conflict Faces Disgorgement of Fees in Delaware
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
Opinion Finding Fraud Shows the Dangers in an Agreement to Finance Litigation
Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.
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.