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Administrative Expense Claims

Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.

9th Circuit

Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says

An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.

9th Circuit

Benchnotes June 2018

June 2018

Bankruptcy Code
11 U.S.C. § 365
11 U.S.C. § 548
524
547
707
1112
1141
541
Topic Tags
Administrative Expense Claims
Alternative Dispute Resolution
Automatic Stay
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

A WARN Act Claim’s Impacts on the Equitable Distribution of Assets

June 2018

Bankruptcy Code
503
507
Topic Tags
Administrative Expense Claims
Claims
Bankruptcy Litigation
Business Reorganization
Labor/Employment

Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana

Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.

5th Circuit
Louisiana
Louisiana Western District

Leased but Unused Personal Property Qualifies for an Administrative Claim

Circuits are split on requiring use of leased equipment before allowing an administrative claim.

5th Circuit
Louisiana
Louisiana Western District

May 2018 Benchnotes

May 2018

Bankruptcy Code
303
330
502
524
326
541
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Consumer Bankruptcy
Business Reorganization
Unsecured Trade Creditors

‘Local vs. National’ Rate Controversy Reemerges in a Catholic Diocese Reorganization

Montana judge cuts committee counsel’s interim allowance to rates charged by debtor’s counsel.

9th Circuit
Montana

Interim Fee Awards in Chapter 13 Are OK Before Conversion

District judge changes local practice in the bankruptcy court on interim awards in chapter 13.

5th Circuit
Louisiana
Louisiana Western District

Oil and Gas Decommissioning: At Whose Expense?

April 2018

Bankruptcy Code
11 U.S.C. § 365
503
507
554
1129
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Financial Advisors
Plan Confirmation
Practice and Procedure
Business Reorganization
Finance and Banking
Govt. Claims/Sovereign Immunity
Investment Banking
Public Companies and Claims Trading
Small Business
Turnaround Issues
Unsecured Trade Creditors
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