No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation
With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.
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Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.
Judge Name - Do not use it.
John W. Kolwe
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Judge Name - Do not use it.
David T. Thuma
Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114
Judge uses legislative history because Section 1114 is ambiguous.
Judge Name - Do not use it.
Stuart M. Bernstein
Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
Priority skipping permitted as part of final approval of DIP financing.
Judge Name - Do not use it.
Kevin Gross
Journal Issue
Bankruptcy Code
Bankruptcy Rule
Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien
Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.
Judge Name - Do not use it.
Michael E. Wiles
‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’
Case shows why gift plans and structured dismissals demand a different analysis.
Judge Name - Do not use it.
Richard G. Andrews