Professional Compensation/Fees

Benchnotes May 2021

May 2021

Trustees Don’t Need a Pecuniary Interest to Have Standing to Appeal, Fifth Circuit Says

Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.

Reverse Contingencies Are Permissible in Bankruptcy Cases, Judge Olack Says

Compensation in a bankruptcy case can be based on savings to the estate, not only on cash recoveries by the estate.

Courts Are Split on Whether Counsel Fees Are Considered in the Chapter 13 Best Interests Test

Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.

Landlord Socked $606,000 for Opposing Lease Assumption

Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.

Actual and Necessary: A Guide to Keeping Time So You Get Paid

April 2021

Ethics: Telling the Story on Your Timesheets: A Fee Examiner’s Tips for Creditors’ Lawyers and Bankruptcy Estate Professionals

Pitfalls of Unequal Participation Rights in Syndicated DIP Financing: Is the Juice Worth the Squeeze?

April 2021