Rochelle's Daily Wire

ABI Exclusive

July 19, 2023

A trustee’s commissions can’t be based on a percentage of disbursements to the trustee’s own counsel, so says a New Jersey district judge.

July 6, 2023

‘Conflict preemption’ bars retaliation by a professional whose fees are disputed.

June 28, 2023

The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.

June 15, 2023

The Ninth and Tenth Circuit disallow fees to chapter 13 trustee if the case is dismissed before confirmation. The identical issue is sub judice in the Second Circuit.

May 19, 2023

Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.

May 18, 2023

Within the next year, four circuits will have ruled on a split where some lower courts pay chapter 13 trustees and others don’t when dismissal precedes confirmation.

March 30, 2023

Before confirmation, district judge says that a chapter 13 debtor is only required to turn over disposable income to a trustee, not proceeds from a post-petition sale of property.

January 20, 2023

The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.

January 9, 2023

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

January 3, 2023

A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.