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Rochelle's Daily Wire | ABI Exclusive

May 23, 2019

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
10th Circuit , Oklahoma , Oklahoma Western District ,

May 15, 2019

Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
5th Circuit ,

May 3, 2019

A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees
Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.
6th Circuit , Kentucky , Kentucky Western District ,

April 16, 2019

Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
10th Circuit , Utah ,

February 12, 2019

Another Circuit Allows an Unsecured Claim for Contractual Attorneys’ Fees
The circuits agree, but the lower courts disagree, on the allowance of post-petition attorneys’ fees based on contract.
4th Circuit ,

January 8, 2019

Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
6th Circuit ,

November 30, 2018

Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
6th Circuit ,

November 28, 2018

Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees
Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.
3rd Circuit , Delaware ,

October 8, 2018

Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327
U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327.
3rd Circuit , Delaware ,

September 24, 2018

Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
1st Circuit , Massachusetts ,

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