No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation
With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.
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Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.
Judge Name - Do not use it.
John W. Kolwe
Senate Approves Amended Bill to Up Bankruptcy Fees, Add Judges
The Senate on Wednesday night passed a scaled-back version of a bill that would up bankruptcy fees for some filers, extend 14 bankruptcy judgeships and add four new ones, sending the measure back to the House, Law360 reported yesterday. Revisions to the House-passed Bankruptcy Judgeship Act of 2017 passed the Senate by voice vote on Wednesday. Specifically the bill would add four five-year bankruptcy judgeships and extend 14 temporary ones in Delaware, Florida, Virginia, Maryland, Michigan, Nevada, North Carolina and Puerto Rico for an additional five years. Click here to view the bill text (engrossed amendment in the Senate).
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Judge Name - Do not use it.
David T. Thuma
Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds
Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.
Judge Name - Do not use it.
Andrew J. Kleinfeld
Bankruptcy Code
Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien
Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.
Judge Name - Do not use it.
Michael E. Wiles