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ABI Journal

Joan A. Lloyd

Bifurcated Fee Arrangements Barred in Western District of Kentucky

Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.

A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees

Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.

Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor

Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.

Continuing to Farm Is Not Prerequisite for Relief in Chapter 12

Judge prescribes loose standards for eligibility as a family farmer.

How the Bankruptcy Code Determines the Winner of a Bar Fight

Getting punched out in a bar fight might not result in a nondischargeable debt.