Professional Compensation/Fees

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

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