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ABI Journal

Practice and Procedure

Supreme Court Seems Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees

Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.

For many practitioners, courtroom matters often become more routine recitations of settlements or agreed isolated issues to be argued. Likely all practitioners would appreciate a "tune up" on getting through a hotly contested case. Topics might include: pretrial motions (when and how to make); discovery right/procedures/objections; review of burden of proof and burden shifting rules; advice on presenting evidence by witness & common objections; how to get "in the record" the evidence you need - appraisals, valuation, lien position, payments, etc; Expert witness rules. Other David Cox david@coxlawgroup.com Cox Law Group
07
July
2025
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07
July
2025
Please note that in order to view the content for the Bankruptcy Headlines you must login with the link at the top if you are already an ABI member, or otherwise you may Become an ABI Member

U.S. Trustee Dodged Payment of Attorneys’ Fees Under the Equal Access to Justice Act

The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.