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Ethics And Professional Compensation Committee

Committees

Post date: Tuesday, January 29, 2019

         Does § 327(e) apply to a chapter 13 debtor’s request to employ special counsel? In In re Blume,[1] the U.S. Bankruptcy Court for the Eastern District of Michigan concluded it does not.

Post date: Tuesday, January 29, 2019

            In Easley v. Collection Service of Nevada,[1] the U.S. Court of Appeals for the Ninth Circuit permitted the debtors to recover attorneys’ fees and costs incurred while appealing fees awarded for a willful violation of the automatic stay pursuant to 11 U.S.C. § 362(k)(1).

Post date: Tuesday, January 29, 2019

         Concluding long and contentious litigation, the Sixth Circuit Court of Appeals recently affirmed a determination by the U.S.

Post date: Thursday, January 17, 2019

What expenses can an oversecured creditor tack on to its claim, and what expenses related to the sale of a mortgaged property can be surcharged against the claims of such a creditor?

Post date: Monday, December 17, 2018

When seeking to collect post-petition fees from a chapter 7 debtor, beware of the conversion. If former counsel files a collection action against a debtor for post-petition fees in state court, failing to stay the action after a conversion to a chapter 13 case will result in a stay violation.

Post date: Monday, December 17, 2018

The Ethics and Professional Compensation Committee had an active 2018. We strived to continue to provide our members with enlightening and useful substantive information, while also offering enjoyable and valuable social and networking opportunities.

Post date: Tuesday, December 11, 2018

The chapter 7 trustee, in a July 2018 ruling, was denied compensation for services that were held to be “customary and statutory duties” that provided no further benefit to the bankruptcy estate and were not outside of those normal duties.

Post date: Monday, December 10, 2018

In In re D’Arata,[1] the bankruptcy court ordered debtor’s counsel to disgorge the fee he received to represent the debtor in a chapter 7 case. The court also discussed and cautioned against the use of appearance counsel.

 

Post date: Tuesday, August 14, 2018

In In re Cummings,[1] the chapter 12 debtors, who successfully confirmed their chapter 12 plan of reorganization, objected to their attorneys’ application for compensation and reimbursement of expenses.

Pages

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?

Ms. Tara E. Nauful
Co-Chair
Beal, LLC
Columbia, SC
(803) 750-5586

Ms. B. Summer Chandler
Co-Chair
Concordia, University School of Law
Boise, FL
(208) 639-5468

Mr. Patrick A. Clisham
Education Director
Engelman Berger, PC
Phoenix, AZ
(602) 222-4968

Ms. Alexandra Schnapp
Newsletter Editor
U.S. Bankruptcy Court, Northern District of Georgia
Atlanta, GA
(404) 215-1005

Mr. Gregory M. Taube
Special Projects Leader
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6144

Mr. Sean Markham
Communications Manager
Markham Law Firm, LLC
Mount Pleasant, SC
(843) 284-3646

Mrs. Abigail B. Willie
Membership Relations Director
U.S. Bankruptcy Court, Eastern District of Missouri
Saint Louis, MO
(314) 244-4512