Professional Compensation/Fees

Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.

Undisclosed Fee Sharing Results in Disqualification and Disgorgement in Delaware

Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement

Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

Trustee Ordered to Disgorge Fees for Failing to Pay the U.S. Trustee’s Fees

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

Disclosure Requirements for Reorganization Consultants Under the Bankruptcy Code

Benchnotes October 2020

Oct 2020

Effects in Bankruptcy Cases of Supreme Court Limitation of Nunc Pro Tunc Orders

Oct 2020

Complete Disgorgement Is the Default Sanction for Failure to Disclose a Fee Agreement

Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.

Ethics: How to Get Retained as Debtors’ Attorneys

Judge Romero Explains Why Lenders Can’t Claw Back Retainers Paid by Debtors

The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.