Rochelle's Daily Wire

ABI Exclusive

January 9, 2023

All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.

December 5, 2022

Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.

November 14, 2022

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.

October 21, 2022

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

October 18, 2022

Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.

September 30, 2022

Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.

August 18, 2022

The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.

June 15, 2022

The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.

June 6, 2022

The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.

April 20, 2022

At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.