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The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.
A plan sponsor’s financial advisor sues the plan sponsor and reorganized debtor for payment of a success fee arising from a purported financing transaction that allegedly closed post-effective date. In what forum should the suit be resolved? According to a recent decision from the Third Circuit, the suit is squarely within the jurisdiction of the bankruptcy court when such claims and issues require interpretation and enforcement of a plan injunction. [1]
Thomas (“Tom”) Girardi, a former plaintiff’s attorney in Los Angeles, California, and the founder of the law firm Girardi & Keese (d/b/a Girardi Keese), was once known as the inspiration behind the film “Erin Brockovich” and for his high-profile representation of the families of victims of the Lion Air crash in 2018. Over the last two years, however, his career has served a different purpose — a case study in legal ethics.
Lateral movement among law firm partners and associates has boomed. In 2020, the number of associates moving firms was up 149% and the number of partners moving was up almost 43%. [1] In 2021, the number of lawyers switching firms was up 111% over 2020. [2] And the lateral market for bankruptcy lawyers is no stranger to the boom, despite bankruptcy filings having sat at record low numbers over the past few years. [3]
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Bankruptcy Headlines
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if you are already an ABI member, or otherwise you may
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