Administrative Expense Claims

Professional Compensation/Fees

Corporate Governance

Court Administration

Ethics

Practice and Procedure

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Court of Claims Upholds Fee Increase for U.S. Trustee System

The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.

Court :

5th Circuit

Benchnotes January 2021

Bankruptcy Code

Topic Tags

Discharge/Dischargeability

Consumer Bankruptcy

Small Business

Fifth Circuit Upholds Constitutionality of Increase in U.S. Trustee Fees

Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.

Court :

5th Circuit

Fourth Circuit Stands Alone in Limiting Chapter 13 Plan Modifications

Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.

Court :

11th Circuit

Critical-Vendor Status: An Additional Preference Defense?

Oct 2020

Bankruptcy Code

105

547

Topic Tags

Claims

Unsecured Trade Creditors

Preferences

First-day Motions

Space Exploration and Production: Bankruptcy Perspectives

Bankruptcy Code

Topic Tags

Asset Sales

Claims

Executory Contracts/Leases

Creditors' Committee

Financial Advisors

Legislation

Practice and Procedure

Uniform Commercial Code/Article 9

Covid19

Finance and Banking

International Insolvency

Unsecured Trade Creditors

Benchnotes October 2020

Oct 2020

Bankruptcy Code

11 U.S.C. §§ 101-1532

Topic Tags

Executory Contracts/Leases

Fraudulent Transfers

Professional Compensation/Fees

Consumer Bankruptcy

Family/Divorce Issues