ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.
Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors
Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.
Court:
No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation
With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.
Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Court:
Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114
Judge uses legislative history because Section 1114 is ambiguous.
Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
Priority skipping permitted as part of final approval of DIP financing.
Court: