Ethics

Ethics: Wellness Matters with Kendra Brodin

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.

Edifying Ethical Encounters with Technology (Legal Edition)

A Tale of Two Retentions: Lessons on Navigating Concurrent Representation of Parties-in-Interest in Large Chapter 11 Cases

Aug 2024

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.

Amending a Claim After Confirmation Requires ‘Compelling Circumstances’

The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.

Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.

DEI as Cultural Commitment in an Era of Backlash

July 2024