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.
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
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.