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Committees Committee


Post date: Monday, May 04, 2020

Courts rarely grant motions for reconsideration, but the U.S. Bankruptcy Court for the District of Delaware did just that in the context of fee-shifting sanctions in In re NNN 400 Capital Center 16, LLC.[1] While the court ultimately upheld the sanctions, it provided a thorough analysis of a court’s ability to shift fees.

Post date: Monday, May 04, 2020

According to the U.S. Bankruptcy Court for the Western District of Oklahoma, if pre-petition attorney’s fees are included in the mortgage creditor’s proof of claim, contemporaneous time records are required to establish the reasonableness of those fees.

Post date: Monday, May 04, 2020

In order for a trustee to surcharge expenses under § 506(c), he “must prove that [his] expenses were reasonable, necessary, and provided a quantifiable benefit” to the secured creditors property.[1] The trustee must show some benefit sufficient for surcharge under this objective test, identify the specific expenses, tie them to specifi

Post date: Monday, March 09, 2020

A recent decision by the U.S. Bankruptcy Court for the District of Utah[1] is a cautionary tale for senior-level employees that are considering leaving their employment and taking employees and business to a competitor. It is also a primer for an employer who has to pursue its claim against the departing employee in bankruptcy court.

Post date: Monday, March 09, 2020

Earlier this year, the U.S. Court of Appeals for the Fourth Circuit considered whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees incurred post-petition but provided for in a pre-petition contract.

Post date: Tuesday, January 14, 2020

The Ethics and Professional Compensation Committee has had a busy and productive 2019. As evidenced by our steadily increasing membership, the committee is a valuable resource for insolvency professionals interested in keeping abreast of current and important issues involving ethics and professional compensation in the bankruptcy field. These are some of the highlights from this year:

Post date: Monday, January 13, 2020

This is Part 2 of an article about the Lorick case,[1] concerning the disposition of the proceeds of the bankruptcy sale of a valuable property in Brighton Beach, Brooklyn, in which Wells Fargo was an oversecured creditor.

Post date: Monday, January 13, 2020

A recent decision by Judge Isicoff is a reminder that both (1) fee agreements in bankruptcy court are governed by state rules of professional responsibility, and (2) attorneys must read those rules carefully when drafting agreements.

Post date: Thursday, August 15, 2019

A debtor’s attorney may be compensated or reimbursed from the estate if his fees or costs constitute an administrative expense under § 503(a).


Tue, 2019-11-12

Panelists will discuss ethical issues relating to due diligence and debtor and creditor actions online as well as practice pointers for engaging in social media.

Fri, 2017-12-01

Hosted by the Ethics and Professional Compensation and Commercial and Regulatory Law Committees Social media and privacy are areas of opportunity — and concern. Today’s law practice requires that care be taken in both areas. This panel will explore the impact of privacy and social media issues on security, ethics and compensation.

Sat, 2017-04-22

This panel hosted by Ethics & Professional Compensation and Technology & Intellectual Property Committees will navigate the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories.

Fri, 2016-04-15

Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals

Fri, 2015-04-17

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

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