November 25, 2020
Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.
November 17, 2020
Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.
November 6, 2020
Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.
October 19, 2020
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
October 13, 2020
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
September 9, 2020
Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement
September 8, 2020
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?
September 2, 2020
The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.
August 18, 2020
Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.
August 3, 2020
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.