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Administrative Expense Claims

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.

D.C. Circuit
District of Columbia

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.

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.

5th Circuit
Louisiana
Louisiana Western District

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.

10th Circuit
New Mexico

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit
New York
New York Southern District

Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping

Priority skipping permitted as part of final approval of DIP financing.

3rd Circuit
Delaware

Getting Your Priorities Straight: Administrative Expense Priority for a Pre-Petition Claim

Nov 2017

Bankruptcy Code
the Debtor and the Estate›Subchapter I - Creditors and Claims›503
546
Topic Tags
Administrative Expense Claims
Claims
Bankruptcy Litigation
Business Reorganization
Unsecured Trade Creditors

Benchnotes November 2017

Nov 2017

Bankruptcy Code
11 U.S.C. § 363(f)
11 U.S.C. § 365
503
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Preferences
Consumer Bankruptcy
Business Reorganization
Real Estate
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

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.

2nd Circuit
New York
New York Southern District

Misguided Travelers: The First Circuit’s Divergent Decision on Post-Sale Jurisdiction

Oct 2017

Bankruptcy Code
11 U.S.C. § 363
1334
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Venue/Jurisdiction
Labor/Employment
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