Rochelle's Daily Wire

ABI Exclusive

March 4, 2021

Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.

March 2, 2021

Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.

January 29, 2021

A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.

January 22, 2021

Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.

December 10, 2020

Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.

December 7, 2020

An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.

December 4, 2020

The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.

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.