Practice and Procedure

Trustee Ordered to Disgorge Fees for Failing to Pay the U.S. Trustee’s Fees

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

Court :

2nd Circuit

New York

New York Eastern District

Monday, August 31, 2020

Article Tags

Practice and Procedure

Business Reorganization

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Fifth Circuit Invalidates Local Chapter 13 Plan Regarding Tax Refunds

Below median debtors are no longer required to turn over tax refunds in excess of $2,000.

Court :

5th Circuit

Third Circuit Backtracks; Malice Not Required for Punies on a Dismissed Involuntary

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.

Court :

3rd 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

Sanctions of $150,000 Upheld Against Nationwide Consumer Firm

When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.

Court :

11th Circuit