Skip to main content
ABI Journal

Ethics

Friday, June 21, 2024
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, June 20, 2024
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees, Supreme Court Rules

Saying that the constitutional infirmity was “small” and “short-lived,” the majority decided that prospective relief was enough because Congress subsequently enacted a law mandating uniformity in the future with regard to fees for U.S. Trustees and Bankruptcy Administrators

Supreme Says: No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees

Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.

Concurrent Representation of a Major Creditor/Shareholder Is/Isn’t Disqualifying

Concurrent representation of a 43% shareholder was disqualifying while representing a creditor with 79% of the debt did not disqualify.