Professional Compensation/Fees

Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act

A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.

Benchnotes March 2021

March 2021

No Retroactive Adequate Protection in Chapter 13, Judge Trust Says

Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.

Limitations on Business Judgment? The Intersections of §§ 363(b), 365 and 503(b) for Paying Creditors’ Professional Fees

March 2021

Money Talks: Getting Retained and Paid (Ethically) by the Bankruptcy Estate

Hot Topics with Bill Rochelle

Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”

Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.