Rochelle's Daily Wire

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.

Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.

Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.

Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.

Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.

Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.