Administrative Expense Claims

After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees

The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.

Court :

10th Circuit

Benchnotes September 2022

Bankruptcy Code

Topic Tags

Administrative Expense Claims

Automatic Stay

Plan Confirmation

Practice and Procedure

Preferences

Harmonizing § 503(b)(1) and (b)(9) to Provide Comfort and Clarity

Feb 2023

Bankruptcy Code

503

546

Topic Tags

Administrative Expense Claims

Claims

Bankruptcy Litigation

Creditors' Committee

Practice and Procedure

Business Reorganization

Retail

Unsecured Trade Creditors

Siegel v. Fitzgerald: The Prologue and Aftermath

Aug 2022

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Court Administration

Legislation

Business Reorganization

Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1

The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.

Court :

Supreme Court

2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court

The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.

Court :

Supreme Court

How and Why We Avoid Conflicts of Interest: The Relevance of Conflict Checks in Turnaround Work

From its inception, the National Ethics Task Force [1] was charged with answering the question of whether there is a need for national ethics rules, standards and general practice guidance in the bankruptcy context.

Uncommon and Controversial, Are Post-Petition Retainers Authorized Under the Bankruptcy Code?

Bankruptcy courts have not always favored post-petition retainers to debtor’s counsel. [1] But does the Bankruptcy Code prohibit them? That is exactly the question Judge David D. Cleary answered in In re Golden Fleece Beverages Inc., in which he held that the Code indeed supports post-petition retainers. [2]

Fifth Circuit Clarifies Scope of Permissible Compensation of Estate Professionals Under 11 U.S.C. § 330(a)

On January 14, 2022, a three-judge panel of the Fifth Circuit in In the Matter of Sharon Sylvester (Sylvester vs Chaffe McCall LLP) held that a trustee’s attorney is entitled to compensation under Bankruptcy Code § 330(a) “only for services requiring legal expertise that a trustee would not generally be expected to perform without an attorney’s assistance.” [1]