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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.