Rochelle's Daily Wire

ABI Exclusive

June 25, 2021

Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.

June 21, 2021

Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.

June 16, 2021

So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.

May 27, 2021

The Second Circuit split with the Fourth and Fifth Circuits by holding that the increase in fees for the U.S. Trustee system was unconstitutional because it was not imposed simultaneously in the two states with bankruptcy administrators.

May 6, 2021

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

May 3, 2021

Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.

April 19, 2021

California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.

April 9, 2021

Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.

March 12, 2021

Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.

March 11, 2021

Compensation in a bankruptcy case can be based on savings to the estate, not only on cash recoveries by the estate.