Professional Compensation/Fees

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.

Another Workaround Following the Prohibition of Nunc Pro Tunc Orders

The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.

Great Debates (2020 Central States Bankruptcy Workshop)

Benchnotes August 2020

Aug 2020

Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)

Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’

An Appellate Ruling Shows the Difficulty of Preserving Carve-Outs

Aug 2020